The Supreme Court will on January 28, 2026 decide whether or not to quash the High Court Judgement annulling the parliamentary result for Kpandai in the Northern Region.
The five-member panel, comprising Justices Gabriel Pwamang, Amadu Imoro Tanko, Yonny Kulendi, Samuel Asiedu and Henry Anthony Kwofie, heard arguments on an application invoking its supervisory jurisdiction to quash the judgement delivered by the High Court, Tamale Commercial Division, on November 24, 2025.
Application before court
Moving the application, counsel for the applicant, Gary Nimako Marfo, told the court that the motion, filed on December 1, 2025, prayed the court to invoke its supervisory jurisdiction pursuant to Article 132 of the Constitution, Section 5 of the Courts Act, 1993 (Act 459) as amended, and Section 61 of the Supreme Court Rules, 1996 (C.I. 16).
He said the application sought to quash “the judgement of the High Court, Tamale Commercial Division, presided over by His Lordship Emmanuel, dated November 24, 2025 and all proceedings founded on the said judgement.”
Jurisdictional challenge
Mr Marfo argued that the High Court committed a jurisdictional error of law when it assumed jurisdiction to entertain the parliamentary election petition filed on January 25, 2025.
He told the court that the Electoral Commission gazetted the Kpandai election results on December 24, 2024, and that Article 99 of the Constitution and the relevant statutes prescribed a 21-day period within which an election petition must be filed.
“The law provides the timelines within which a petition can be filed and before the High Court can be grounded with jurisdiction and that is 21 days after gazette of the official results,” he said.
According to him, the petition was filed out of time and the trial judge ought to have satisfied himself that he had jurisdiction before proceeding to hear the matter.
Mr Marfo further submitted that the High Court assumed jurisdiction outside the mandatory scope prescribed by statute, in breach of Section 18 of PNDC Law 284.
“This error is so apparent on the face of the record and this court cannot close its eyes to it,” he said, adding that the judgement delivered on November 24, 2025, ought to be quashed.
Opposition
Opposing the application, counsel for the first interested party, Sika Abla Addo, told the court that the applicant was relying selectively on gazette notifications.
“Our submission is that the applicant here is cherry picking gazette notifications,” she said.
She explained that there were two gazettes — dated December 24, 2024, and January 6, 2025 — and argued that the January 6 gazette should take precedence.
“The time limitations provided by Section 18 only refer to gazette.
The question is which gazette are we referring to,” she said.
According to her, the High Court was satisfied that there was a gazette notification on January 6, 2025, and “it was on the back of this that the court assumed jurisdiction and proceeded to hear the matter and delivered a judgement.”
EC’s submission
Counsel for the Electoral Commission, Justin Amenuvor, told the court that in earlier election cases, gazettes in circulation were online publications.
“In the Akwatia case, all the gazettes that were flying were online publications,” he said.
He added that he went to the Assembly Press to obtain the published gazette and returned there again when the Kpandai matter arose to obtain the relevant gazette.
The court adjourned the case to January 28, 2026, for ruling.
Source:
www.graphic.com.gh
