Minority Accuses Parliament of Setting ‘Toxic Precedent’ with Kpandai Seat Notification
The Deputy Minority Leader, Patricia Appiagyei, has sharply criticised Parliament for what she terms a premature, unlawful, and dangerous move to notify the Electoral Commission (EC) that the Kpandai parliamentary seat is vacant.
According to the Asokwa MP, the Clerk’s letter to the EC—issued solely based on a High Court ruling that annulled the election of NPP MP Matthew Nyindam—violates established constitutional processes and breaks Parliament’s long-standing tradition of restraint.
Addressing journalists on Wednesday, 10 December 2025, Hon. Appiagyei warned that Parliament risks committing “a constitutional travesty and historical self-betrayal.”
“We are rushing to enforce a judgment that is legally suspended, appealed, and under certiorari review,” she stated. “What manner of Parliament are we?”
She argued that the High Court ruling cannot form the basis for declaring the seat vacant because the embattled MP has invoked critical constitutional remedies, including filing a stay of execution—which suspends the judgment—lodging a notice of appeal at the Court of Appeal, and applying for certiorari at the Supreme Court.
“A stayed judgment is not enforceable. An appealed judgment is not final. Yet this House is pretending otherwise,” she said.
The Deputy Minority Leader further contended that the notification effectively disenfranchises the 3,734 voters who elected Nyindam and undermines the authority of the appellate courts currently reviewing the matter.
Hon. Appiagyei cited several historical precedents where Parliament exercised caution until all legal processes were exhausted. She referenced the case of Samuel Nyimakan in Wulensi, where the seat was declared vacant only after the Court of Appeal delivered its final ruling. She also cited former MPs Eric Amoateng, Dan Abodakpi, and Adamu Dramani Sakande—each of whom remained MPs until the legal processes against them reached finality or their circumstances legally necessitated removal.
She clarified that in the high-profile James Gyakye Quayson case, Parliament acted only on explicit Supreme Court orders, not on a first-instance High Court decision.
“Quayson’s case teaches Parliament to wait for the Supreme Court. In Kpandai, we are ignoring that lesson entirely,” she said.
Hon. Appiagyei warned that allowing a single High Court ruling to instantly unseat an MP could pave the way for political manipulation.
“We will establish a toxic precedent where a majority can weaponize first-instance judgments to remove opponents,” she cautioned. “It will render appellate courts irrelevant.”
She argued that the Clerk’s notification violates Article 99(1)(e) of the Constitution by treating a non-final judgment as conclusive. She also described it as a breach of the separation of powers and a departure from Parliament’s tradition of respecting judicial processes.
Calling for an immediate withdrawal of the notification, she insisted: “This premature action violates the Constitution, disrespects the judiciary, and unjustly disenfranchises the people of Kpandai. Respect the stay. Await the appeals. Honour our history. Uphold the Constitution.”
Hon. Appiagyei concluded by urging Parliament to choose principle over partisan interest, warning that “the people of Kpandai are watching, Ghana is watching, and history is watching.”
About Author
