Minority MPs ask Clerk to recall notice to EC declaring Kpandai seat vacant
The Minority in Ghana’s Parliament has called on the Clerk of Parliament to withdraw the official notice it sent to the Electoral Commission (Ghana) (EC), which declared the Kpandai parliamentary seat vacant. The demand comes amid heated controversy over whether the seat should be considered vacant at this stage.
On 4 December 2025, the Clerk formally notified the EC of the vacancy following a High Court decision that annulled the 2024 parliamentary election results for Kpandai. The court ordered a rerun election within 30 days, a ruling which, under the Constitution, triggered the vacancy notification.
However, Minority Chief Whip Frank Annoh‑Dompreh argued the notification was premature and procedurally flawed, calling for immediate withdrawal of the letter. He said the decision to declare the seat vacant ignored due process, especially since a motion for a stay of execution was still pending. The Minority insists the action undermines judicial safeguards and the principle of procedural justice.
The conflict has exposed a deep divide in how different arms of Parliament interpret legal and constitutional processes. Supporters of the vacancy notice maintain that the High Court ruling automatically invalidates the previous election result, so the seat must be declared vacant without delay. But opponents say that until all appeals and notices of stay of execution have lapsed, the MP previously declared winner remains in office.
On 27 November 2025, the Speaker of Parliament Alban Bagbin weighed in, ruling that it was premature to declare the seat vacant. Under the Court of Appeal Rules (CI 19, as amended by CI 132), all appealable High Court rulings are automatically subject to a seven-day stay of execution, meaning enforcement should not proceed before that window closes. Given that, he said the High Court’s annulment order cannot yet serve as grounds for a vacancy notification.
That stay remains in effect until at least 1 December 2025. The Speaker argued that if Parliament acts before that date, it risks breaching the law and violating constitutional protections. He clarified that even though the High Court declared the 2024 election result void and ordered a rerun, the procedural safeguards must first expire, otherwise any vacancy declaration would be void.
For now, the Kpandai seat remains contested. The Minority is pressing for withdrawal of the notice while awaiting full resolution of legal processes. The Majority, however, insists the seat is vacant and calls for a by-election. As both sides hold firm, political observers warn that the impasse could deepen if proper legal and constitutional protocols are not respected.
The issue has broader implications for parliamentary practice and electoral jurisprudence in Ghana. It raises questions about how and when a parliamentary seat becomes officially vacant after judicial nullification of an election. It also touches on respect for judicial procedure, separation of powers, and the balance between court rulings and parliamentary administrative actions.
As the constitutional clock ticks, all eyes remain on upcoming legal steps, possible appeals, and whether the Clerk will heed the Minority’s call to recall the notice or await final legal closure.
