Appiagyei: EC notification on Kpandai seat premature and unlawful

The Deputy Minority Leader, Patricia Appiagyei, has rebuked Parliament over what she describes as a premature, unlawful, and dangerous notification to the Electoral Commission (EC) declaring the Kpandai parliamentary seat vacant.

The Clerk’s letter to the EC, according to the Asokwa member, based solely on a High Court ruling that nullified the election of NPP MP Matthew Nyindam, violates constitutional procedure and shatters Parliament’s longstanding precedents of restraint.

Addressing a press conference on Tuesday, 9th December 2025, the Deputy leader warned that the legislator is on the verge of committing a constitutional travesty and a historical self-betrayal.

She said, “We are rushing to enforce a judgment that is legally suspended, appealed, and under certiorari review. What manner of Parliament are we?”

Hon. Appiagyei argued that the High Court’s decision cannot form the basis for declaring the seat vacant because the MP has activated key constitutional remedies including; filing a stay of execution, which suspends the ruling; lodging a notice of appeal at the Court of Appeal; and filing an application 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 stressed.

She argued that the move effectively disenfranchises the 3,734 voters who delivered Nyindam’s victory and disrespects the appellate courts whose review is ongoing.

The Deputy Minority Leader pointed to several historical cases where Parliament exercised restraint and allowed the full legal process to conclude before declaring a seat vacant.

She cited the example of Samuel Nyimakan of Wulensi, whose seat was only declared vacant after the Court of Appeal delivered its final ruling. She also referenced Eric Amoateng of Nkoranza North, who continued to hold his seat until he personally resigned, despite facing serious legal challenges and being detained abroad.

“In the case of Dan Abodakpi of Keta, Parliament allowed him to return to the House after receiving a presidential pardon, never declaring his seat vacant during the pendency of his appeal. Similarly, Adamu Dramani Sakande of Bawku Central served as an MP until his final criminal conviction and imprisonment, with Parliament only treating the seat as effectively vacant when his incarceration legally prevented him from performing his duties. These examples, she argued, demonstrate a longstanding parliamentary tradition of respecting appellate processes before taking irreversible action,” she said.

On the James Gyakye Quayson case, Appiagyei clarified that Parliament acted only after explicit Supreme Court orders, not merely on a High Court ruling.

“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 would open the door to political abuse.

“We will establish a toxic precedent where a majority can weaponize first-instance judgments to remove opponents. It will render appellate courts irrelevant.”

She described the notification to the Electoral Commission as a direct violation of Article 99(1)(e) of the Constitution, arguing that it prematurely treats a non-final judgment as conclusive. She also called it a breach of the separation of powers, since it effectively sidelines the appellate courts whose rulings are still pending.

The move, she said, also represents a disregard for Parliament’s own long-standing traditions of waiting for final judicial outcomes before acting, and ultimately amounts to an unlawful usurpation of appellate jurisdiction, undermining the authority of higher courts and the integrity of due process.

Hon. Appiagyei demanded that the Clerk’s notice to the EC be immediately withdrawn. “This premature notification 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,” she said.

She reminded the House of its responsibility to choose principle over partisan gain and stressed that the the people of Kpandai are watching, Ghana is watching and history is watching.