The Minority Caucus in Parliament has described the order by Justice Emmanuel Brew Plange, a Judge of the Tamale High Court, for a fresh poll in the Kpandai Constituency within 30 days as unconstitutional.
This follows a petition filed by the 2024 National Democratic Congress (NDC) Parliamentary Candidate for Kpandai, Mr Daniel Nsala Wakpal, who claimed that the election was tainted by serious irregularities.
Speaking at a press conference in Parliament, the Minority Leader, Mr Alexander Kwamena Afenyo-Markin, said that the order given by Justice Plange was pronounced without the court’s full judgment.
According to Mr Afenyo-Markin, the court did not provide written reasons, factual findings, or legal analysis of the judgment that was passed.
“I understand that court occasionally delivers rulings with reasons to follow. But such a practice is the exception, not the rule. And it is never an acceptable approach when the stakes are this high. When a parliamentary seat hangs in the balance, when constitutional rights are imperial, and when the votes of thousands of citizens face annulment,” Mr Afenyo-Markin stated.
He expressed surprise at the High Court order for a fresh election rerun in all 152 polling stations in the Kpandai Constituency as the petitioner did not plead so.
“In fact, the key witness to the petitioner underscored the fact that all they needed was a rerun in some 41 polling stations. He again added that the collation was done without due notice to him. We are not certain that the petitioner proved this case. But even if he did, the court found credible evidence of wrongdoing, the remedy imposed is still fundamentally flawed,” Mr Afenyo-Markin explained.
He noted that the Minority Caucus in Parliament would lawfully resist any attempt, whether subtle or brazen, to “bar the incumbent MP for Kpandai, Mr Matthew Nyindam, from representing the people.”
According to him, Mr Nyindam still remains the MP for the Kpandai Constituency, adding that, “We will challenge the judgment of the High Court through every lawful avenue available.”
BY BENJAMIN ARCTON-TETTEY
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