Nyindam Fights Back: MP appeals court order for Kpandai election rerun

The New Patriotic Party (NPP) has rejected the High Court decision that annulled the 2024 parliamentary results in Kpandai and ordered a fresh election within 30 days. The party has filed a notice of appeal and a motion for stay of execution, insisting that the ruling is flawed and the original results remain valid.

Speaking to journalists after the proceedings, counsel for NPP MP Matthew Nyindam said the party respected the authority of the court but strongly disagreed with the outcome.

“In the heat up to the trial, we heard of several things, and we didn’t take them for granted. We believe that the petition was frivolous, but the court has decided otherwise, so we respect the decision of the court. But we strongly disagree with the judgment, and we have already shown our disagreement by filing a competent notice of appeal, and we’ve added a motion for stay of execution.”

He said he anticipated an unfavourable ruling and prepared in advance.

“As a lawyer, if you are accepting information that judgment will be compromised, you prepare. So you come for the judgment with a notice of appeal in your pocket, and that was exactly what I did.”

According to him, the NPP will pursue all legal avenues to overturn the ruling.

“The only fight left for us is to follow the due process of the law, and that is by filing the notice of appeal. This is my notice of appeal dated November 24 at 10:04 a.m. The motion for stay of execution is dated 10:13 a.m.”

He added that the NDC had been properly served with the appeal documents.

“The petitioner has been served with the process and decided to throw it away, but that’s proper service. In law, if they serve you a process and you throw it away, the bailiff will only go and prove service… that is even contempt of court, but that’s for another day.”

The NPP also defended the Electoral Commission’s decision to relocate the collation centre.

“The evidence on the record is that there was violence at the initially designated collation centre… and once there was violence, the EC has the right to relocate the collation centre. Regulation 48 of CI 127 says that the absence of a candidate and his agent at the collation centre does not invalidate the results.”

He argued that even the disputed polling stations would not alter the election outcome.

“They said they affected polling station 41, that the total votes were about 500. Commonsensically, if you take that 500 votes and add it to the petitioner, he will still not win the elections.”

“The law is in the bosom of the judge. That doesn’t mean the judge is necessarily right. That’s why there is a hierarchy. You climb the next ladder… the Court of Appeal in this case.”

MP Matthew Nyindam also rejected the ruling, insisting he remains the duly elected representative.

“Let me, in the first place, thank my supporters, thank the good people of Kpandai. And let me put it on record that I’m still their MP. I want to put it on record that I’m still their MP.”

He claimed the judgment did not surprise him, alleging political interference.

“Before we came to court, I can say for sure that for about a week, we knew that things were not going to be right. Our opponents were jubilating. They were too sure that this is the judgment they were going to get.”

While emphasising respect for the court, he rejected the ruling as wrong.

“As law-abiding citizens, yes, we respect what the judge has said. We vehemently disagree with him.”

He pointed to the constituency’s pink sheets as proof of his victory.

“I know that I won the election with a difference of 3,734. Every single pink sheet was given to all the political parties. I have my 152 pink sheets. They have their 152 pink sheets. And if you put the results together, we have won the elections.”

Mr Nyindam accused the NDC of attempting to use state influence to overturn the constituency’s will.

“They decide to come to court knowing very well that maybe they’ll be able to use the state’s powers to overturn certain things.”

He said the party had already moved the matter to the next judicial stage.

“We have completely filed our stay of execution. The lawyer has done that. He has filed the appeal too, and we think that, God be so good, the next is ours.”

Nyindam expressed readiness for a by-election if required but maintained that the ruling was unjust.

“If genuinely we have to rerun, we won’t have a problem. But if you decide to pave your way through because you think you are in government and can use state powers to coerce people, that’s where we have a difficulty.”