Professor John Osae-Kwapong, Democracy and development fellow at the Centre for Democratic Development, Ghana (CDD-Ghana), has welcomed the Supreme Court’s order directing the Electoral Commission (EC) to suspend preparations for the Kpandai parliamentary election rerun, describing the intervention as a necessary step to avoid procedural complications.
Speaking on JoyNews’ AM Show, Professor Osae-Kwapong said the constitutional questions raised in the case made it appropriate for the apex court to step in.
“That borders on what a particular provision of the constitution means or does not mean, then it becomes only appropriate for the highest court of the land to step in,” he explained.
He applauded the court’s decision to put a temporary halt to the EC’s arrangements until all legal issues before it are resolved.
“I particularly like the directive to the EC to hold on until some of these key matters… have been resolved,” he said, noting that the court has scheduled the matter for determination in January.
Dr Osae-Kwapong argued that allowing the EC to proceed with a rerun. At the same time, the case is still being litigated could create a more complicated situation if the substantive ruling overturns the High Court’s earlier decision. He emphasised that certain actions, once taken, are difficult to reverse.
“There are certain actions that once done, to try and undo them will be a lot messier than if you wait,” he cautioned.
The Supreme Court’s directive follows an application challenging the Tamale High Court’s judgment that annulled the December 7, 2024, parliamentary election in Kpandai and ordered a rerun.
The applicant, NPP parliamentary candidate Matthew Nyindam, contends that the High Court assumed jurisdiction wrongly and is asking the Supreme Court to review and quash the decision.
Professor Osae-Kwapong noted that the issue touches on a long-standing legal debate about whether an appeal or a stay of execution automatically halts the actions of a constitutional body such as the EC. For now, however, he believes the court’s restraint will prevent unnecessary confusion.
“Whilst I had no expectations, I still appreciate the fact that the court has stepped in to put a pause on the rerun until some of these issues are resolved,” he said.
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