Professor John Osae-Kwapong, a Democracy and Development Fellow at the Centre for Democratic Development (CDD-Ghana), has welcomed the Supreme Court’s decision to suspend the Electoral Commission’s preparations for the Kpandai parliamentary rerun, saying the move helps prevent avoidable procedural challenges.
Speaking on JoyNews’ AM Show, Professor Osae-Kwapong explained that the constitutional questions raised by the case justified the intervention of the apex court.
“When issues touch on the interpretation of constitutional provisions, it becomes appropriate for the highest court of the land to step in,” he said.
He praised the court’s directive instructing the Electoral Commission to halt all arrangements until the legal matters before it are fully resolved, noting that the case has been slated for determination in January.
According to him, allowing the rerun to proceed while the case is still under litigation could worsen the situation, especially if the Supreme Court later overturns the High Court’s ruling that ordered the rerun.
“There are certain actions that, once taken, are very difficult to undo. Waiting at this stage avoids a messier outcome,” he cautioned.
The Supreme Court’s order follows an application challenging the Tamale High Court’s decision to annul the December 7, 2024 parliamentary election in Kpandai and mandate a rerun. The applicant, NPP parliamentary candidate Matthew Nyindam, argues that the High Court wrongly assumed jurisdiction and is seeking to have the judgment reviewed and quashed.
Professor Osae-Kwapong noted that the case also revives a long-standing legal debate on whether an appeal or stay of execution automatically restrains the actions of constitutional bodies such as the Electoral Commission. Nonetheless, he believes the court’s decision to pause the process will help avoid unnecessary confusion.
“Even though I had no firm expectations, I appreciate the court’s decision to put the rerun on hold until these issues are resolved,” he added
