The Tamale High Court’s ruling has not yet been implemented, according to Speaker of the House Alban S.K. Bagbin, who stated that Matthew Nyindam is still an officially recognized member of parliament for the Kpandai seat.
Speaker Bagbin told the House on Thursday that the law mandates an automatic seven-day statutory stay of execution, even though the High Court issued the judgment on November 24, 2025, requiring the Electoral Commission to rerun the Kpandai parliamentary poll within 30 days.
“There shall be a stay of execution of the judgment or decision appealed against for a period of seven days immediately following the giving of notice of the judgment or decision,” he said, citing Rule 27(3) of the Court of Appeal Rules 1997 (C.I. 19), as amended.
The speaker’s statement came after a dramatic confrontation in Parliament on Wednesday, during which the Majority Caucus sought to remove the Kpandai MP from the house in accordance with a High Court decision.
The Speaker claims that the clause is required and applies to all High Court decisions that are appealable.
He supported his decision with earlier court rulings, such as Mensa v. Ghana Commercial Bank (2005–2006), in which the Supreme Court ruled that any execution carried out prior to the seven-day period is premature and null and void, and Clenham Construction Ltd. v. Falcon Crest (2022), in which the Court of Appeal reiterated that the statutory stay is in place to give the losing party time to determine whether to file an appeal.
“The plain meaning, scope, and effect of Rule 27(3) is that, there shall operate a statutory stay of execution for a period of seven days,” stated Bagbin, citing Justice Bonney’s interpretation of the statute. “The intent is to enable the vanquished to ponder over the ruling and decide whether or not to appeal.”
The Speaker stated that no action may be taken to carry out the High Court’s decision during the seven-day statutory stay, which is in effect until December 1, 2025.
He claims that if Hon. Nyindam files an appeal or a stay of execution, additional legal suspension can occur, postponing the enforcement indefinitely.
“It is therefore premature to say that Honourable Matthew Nyindam is disqualified from entering and participating in the proceedings of the House,” he insisted.
Bagbin emphasized that Nyindam’s seat cannot be immediately invalidated because this is an executive order rather than a declarative one.
The Speaker also responded to the Majority’s claim that Nyindam ran the risk of breaking Article 105 of the Constitution by voting or sitting while aware that he was not eligible.
He disregarded this worry, claiming that while the statutory stay is still in effect, the member cannot be deemed to have reasonable reasons to know he shouldn’t be in the chamber.
He declared, “The honourable member is right to have been here and to have participated in the proceedings.”
The Speaker’s decision, which upholds Matthew Nyindam’s status as the MP for Kpandai until the statutory stay expires without an appeal or an appellate court later determines otherwise, effectively nullifies the Majority’s attempt to have Nyindam physically marched out of the Chamber.
Source: newsthemegh.com