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Els MBN360 News
The Speaker of Parliament, Alban Bagbin, has ruled that it is premature to declare the Kpandai parliamentary seat vacant, despite a High Court order annulling the 2024 election results and directing the Electoral Commission (EC) to conduct a rerun within 30 days. Bagbin stated that the seven-day statutory stay remains in effect until December 1, 2025, and therefore, the High Court ruling “cannot form the basis for the Speaker to instruct the Clerk to notify the EC that the Kpandai seat is vacant.
The Speaker emphasized that Parliament must follow due process and constitutional requirements before declaring any seat vacant. He cited the Supreme Court’s decision in Mensah v. Ghana Commercial Bank, which held that any execution before the stay expires is premature and void. Bagbin also referenced the Court of Appeal’s ruling in Clennam Construction Limited v. Falcon Crest, underscoring the stay’s purpose: to allow the losing party time to consider an appeal or seek further relief.
The Majority caucus had demanded that the Speaker declare the seat vacant, citing precedent, including the case of former Assin North MP James Gyakye Quayson. However, the Minority Leader, Alexander Afenyo-Markin, vowed to oppose any attempt to remove MP Matthew Nyindam before all legal processes are completed.
