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The Minority Leader successful Parliament, Alexander Afenyo-Markin, has described the bid by the Tamale High Court for the re-run of the full 152 polling stations of the Kpandai parliamentary predetermination wrong 30 days arsenic a atrocious precedent that volition beryllium exploited to make aboriginal electoral chaos.
The Minority caucus astatine a property league connected Wednesday day [Nov 26, 2025] said the justice had sent an unmistakable connection to each governmental mischief shaper and electoral saboteur successful Ghana to prosecute successful electoral unit to person their way.
“Create disorder successful a fewer polling stations, destruct materials, disrupt, trigger controversy, and you whitethorn beryllium rewarded with a afloat rerun. This is not justice,” helium said.
Recipe for electoral anarchy
Reacting to the Tamale High Court bid for the re-run of the Kpandai parliamentary election, Mr Afenyo-Markin said “This bid is simply a look for electoral anarchy”.
“The justice has unwittingly weaponised disruption, and helium has created a perverse incentive, operation wherever chaos becomes strategy, wherever sabotage becomes litigation and wherever losing different posts tin inactive mean winning successful court, not done superior grounds but done superior disorder,” helium said.
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- Kpandai: NPP questions tribunal ruling connected wherefore the lawsuit successful tribunal was connected 41 retired of 152 polling stations, but the tribunal annulled the full results
Judicial improvisation wrong
Mr Afenyo-Markin said the Tamale High Court judgement connected November 24, 2025, could lone beryllium described arsenic breathtaking successful its scope and alarming successful its implications.
He said the judge, Justice Emmanuel Bart Plange Brew, had ordered thing little than a wholesale re-run of the full Kpandai parliamentary election.
That, helium said, was not regular judicial involution but thing acold much troubling.
Telling the radical of Kpandai that Matthew Nyindam remained inactive the sitting MP for the Kpandai constituency, Mr Afenyo-Markin said nary person, institution, oregon flawed judicial bid could suspend the mandate they had freely and lawfully conferred connected him.
He said, unless and until the appellate process was decently invoked and afloat exhausted to tally its lawful course, the MP would proceed to service the Kpandai radical with dedication and dignity.
“The Minority volition lawfully defy immoderate attempt, whether subtle oregon brazen, to barroom him from representing his people.
“We volition not licence antiauthoritarian legitimacy to beryllium overturned by judicial improvisation,” helium said.
Judicial irresponsibility
The Minority Leader said the order, with monolithic political, legal, and antiauthoritarian consequences, was pronounced without the court's afloat judgment.
He said determination were nary written reasons, nary factual findings, nary ineligible analysis, but conscionable a bare directive issued into the nationalist domain.
As a practicing lawyer of acquisition astatine the bar, helium said helium understood courts occasionally delivered rulings with reasons to follow, but specified a signifier was the exception, not the rule.
“And it is ne'er an acceptable attack erstwhile the stakes are this high, erstwhile a parliamentary spot hangs successful the balance, erstwhile law rights are imperiled, and erstwhile the votes of thousands of citizens look enormous,” helium said.
He said that for a justice to casually void an full constituency predetermination without archetypal ensuring that a implicit reasoned judgement was prepared and published was not simply irregular, but it was judicial irresponsibility of the highest order.
The Minority Leader said alternatively than addressing the 41 challenged polling stations with a scalpel, the instrumentality required, the justice deployed a sledgehammer and demolished the full constituency.
That, helium said, was not instrumentality but judicial carelessness dressed up arsenic electoral justice, akin to what a “Circuit tribunal did successful the Abronye case.
Discarded similar discarded paper
Mr Afenyo-Markin said successful the remaining 111 polling stations, much than two-thirds of the constituency, determination was nary allegation and nary grounds of immoderate irregularities.
Yet, the lawful ballot of thousands of guiltless citizens successful those stations had been “discarded similar discarded paper, swept distant by judicial bid that ne'er bothered to separate the blameworthy from the guiltless if they astatine each existed”.
He argued that Article 42 of the Constitution guaranteed each Ghanaian the ineffable close to vote.
That, right, helium said, was not a privilege nor discretionary, but it was fundamental.
Yet, helium said the High Court had violated that close successful 111 polling stations without justification, evidence, and astir troublingly without evident consent. “You bash not support ideology by disenfranchising the innocent. You bash not cure irregularities successful 41 polling stations by barring the valid ballot of thousands who committed nary wrong.
“This bid is not simply disproportionate, but it is an battle connected the sovereignty of the radical of Kpandai,” helium said.
Mr Afenyo-Markin pointed retired Article 99 made the Court of Appeal the last arbiter successful parliamentary predetermination petitions and not the High Court.
He, therefore, said that wherever a High Court determination was truthful flagrantly unconstitutional, the Minority would not hesitate to enactment further law litigation earlier the Supreme Court.
“When a ruling assaults the Constitution itself, nary justice is supra scrutiny and nary determination is beyond correction.
“The constitution is supreme, and erstwhile a ruling violates it Judicial deference yields to law duty,” helium said.
The Minority Leader said successful December 2024, Mr Nyindam was duly declared MP-elect for the Kpandai constituency pursuing a peaceful and orderly election.
He said his hostile subsequently filed a petition challenging alleged irregularities successful 41 polling stations and aspects of the collation process.
The petitioner himself requested a rerun successful 41 polling stations, and helium had, anterior to the gazetting of the result, filed a petition, and erstwhile the counsel for Mr Nyindam raised a preliminary objection, and aforesaid had been argued, and the precise time the justice was to find the matter, they rapidly filed a announcement of withdrawal, which was rather strange.
“This judge, who knows that erstwhile matters adjacent and helium fixes a day for judgment, nary substance what helium is expected to present a judgment, decided to enactment distant from determining the substance due to the fact that a enactment has decided, belatedly, to record a announcement of withdrawal of the case.
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