Afenyo-Markin raises alarm over delay in written judgment on Kpandai election petition

The Minority Leader in Parliament, Alexander Kwamina Afenyo-Markin, has expressed deep concern over what he describes as troubling developments surrounding the Tamale High Court’s handling of the 2024 Kpandai Constituency parliamentary election petition.

In a statement issued on his official Facebook page on November 30, the Minority Leader questioned the conduct of the presiding judge, Justice Emmanuel Bart Plange Brew, following the court’s failure to release the written judgment nullifying the parliamentary results despite an announced deadline.

According to Afenyo-Markin, Justice Plange Brew ruled on November 24, 2025, to annul the mandate of Kpandai MP Mathew Nyindam and ordered a fresh election within 30 days.

However, the judge reportedly assured parties that the full written judgment would be ready by Friday, November 28, 2025, a deadline that has since passed without explanation.

“Six days later, that confidence has been further shaken,” Afenyo-Markin said, adding that the lack of a written judgment had thrown the appellate process into paralysis.

The Minority Leader questioned the legal basis for the court’s decision to nullify results from all 152 polling stations in the constituency, despite the petition challenging only 41 polling stations affecting roughly 500 votes.

Nyindam won the election with 27,947 votes against his contender’s 24,213, a margin of 3,734 votes.

“What legal or constitutional basis permits such a sweeping remedy for such a limited complaint?” Afenyo-Markin queried, stressing that without the written judgment, the Minority Caucus could not properly scrutinize the court’s reasoning.

Nyindam’s lawyers, Isang & Law Chambers, have reportedly written twice to the Registrar of the High Court on November 24 and again on November 28 seeking a certified copy of the judgment.

Despite assurances that signed copies would be ready by 2 p.m. on November 28, the lawyers say they have received no judgment, no explanation, and no acknowledgement.

Afenyo-Markin described the situation as “beyond procedural irregularity,” suggesting it borders on obstructing the appellate process.

The Minority Leader emphasized that the delay carries significant constitutional implications, including the temporary reduction of the NPP Minority’s strength in Parliament.

He further questioned how the Electoral Commission could comply with the 30-day order for a new election when the court had not provided its written reasons.

“When a court purports to exercise power affecting parliamentary representation… it must demonstrate the highest standards of judicial discipline and transparency,” he stated.

Afenyo-Markin urged Justice Plange Brew to immediately publish the full written judgment to enable Nyindam to pursue his appeal and to restore public confidence in the judicial process.

“The people of Ghana deserve better. The people of Kpandai deserve better,” he stressed, adding that the integrity of the country’s democratic and constitutional order depends on transparent and timely judicial action.

Mathew Nyindam has already filed a notice of appeal and applied for a stay of execution, but his legal challenge remains stalled until the written judgment is released.

Afenyo-Markin emphasized that the Minority Caucus remains committed to the rule of law but insists that the appellate process cannot function without the court’s cooperation.