Parliament’s declaration Kpandai seat vacant was once untimely – Kofi Bentil – Life Pulse Daily

Introduction

The recent declaration by Ghana’s Parliament that the Kpandai constituency seat is vacant has sparked a heated public debate. Lawyer and Senior Vice President of the policy think‑tank IMANI‑Africa, Kofi Bentil, argued that the decision was untimely because an appeal against the High Court’s judgment had already been filed. His comments, made during an appearance on PleasureNews’s Newsfile programme on 20 December 2025, centre on the proper sequencing of judicial processes, the authority of appellate courts, and the potential political fallout of acting before a final ruling is issued. This article unpacks the issue, explains the relevant legal principles, and offers practical guidance for citizens, media practitioners, and policymakers who wish to navigate the controversy with clarity and confidence.

Key Points

Background

To understand why the declaration has generated controversy, it is essential to examine the procedural history of the Kpandai electoral dispute.

Election Outcome and High Court Intervention

In the 2024 general election, the candidate for the New Patriotic Party (NPP) contested the Kpandai constituency against a candidate from the National Democratic Congress (NDC). Preliminary results released by the Electoral Commission indicated a narrow victory for the NPP candidate. However, the NDC candidate filed a petition challenging the results on grounds of irregularities and alleged voter suppression.

The High Court of Ghana subsequently heard the petition and, in a landmark ruling, annulled the election results, ordering a fresh poll in the constituency. The court cited insufficient evidence of compliance with statutory voting procedures and highlighted procedural lapses in the collation of results.

Appeal Process

Following the High Court’s decision, the NPP candidate exercised the constitutional right to appeal the judgment to the Court of Appeal. Under Ghanaian procedural law, the filing of an appeal automatically stays the execution of the lower court’s order until the appellate court delivers its own ruling. This stay is a safeguard that prevents irreversible consequences while the higher court reviews the case.

Parliamentary Action

Despite the pending appeal, Parliament passed a resolution declaring the Kpandai seat vacant. The resolution was based on the assumption that the High Court’s annulment was final and that the constituency needed a new representative. Critics, led by Kofi Bentil, argue that this action bypasses the constitutional requirement to await the appellate decision, thereby creating legal uncertainty.

Analysis

The controversy raises several intersecting issues: constitutional law, electoral administration, and political stability. A detailed analysis helps clarify why the timing of Parliament’s declaration matters.

Legal Framework of Election Disputes in Ghana

Ghana’s 1992 Constitution, together with the Representation of the People Act, 2020, sets out a clear hierarchy for resolving electoral disputes:

1. The High Court has initial jurisdiction over petitions challenging election results.
2. Parties dissatisfied with the High Court’s judgment may appeal to the Court of Appeal, which has the power to stay the execution of the lower court’s order.
3. The Supreme Court is the final arbiter on constitutional and legal questions arising from election matters.

These provisions are designed to ensure that no single institution can unilaterally alter the outcome of an election without respecting the due‑process rights of all parties.

Procedural Implications of Filing an Appeal

When an appeal is lodged, the appellate court’s authority supersedes that of the lower court regarding the specific issue under review. This principle is encapsulated in the legal maxim “stare decisis” – the decision of a higher court is binding until it is overturned. In practice, this means that any administrative or legislative action that assumes the lower court’s judgment is final may be ultra vires (beyond legal power) if the appeal is still pending.

Consequently, Parliament’s declaration must be evaluated against the backdrop of this procedural stay. Acting before the appellate decision could be construed as an attempt to pre‑empt a higher judicial authority, which may expose the legislative body to judicial review.

Parliament’s Role and Constitutional Limits

The Constitution assigns Parliament the responsibility of regulating the composition of its own ranks, but this power is not absolute. Section 111 of the 1992 Constitution states that a parliamentary seat becomes vacant only under specific circumstances, such as death, resignation, or a court order declaring the election null and void.

Legal scholars argue that Parliament must defer to the judiciary when a court has already determined that an election is void. Declaring a seat vacant while an appeal is pending may therefore contravene the principle of separation of powers and risk undermining the independence of the courts.

Practical Advice

For journalists, policymakers, and citizens who wish to engage with the Kpandai controversy responsibly, the following guidance is offered:

For Media Practitioners

• Verify the procedural status of any court ruling before reporting that a seat is “vacant.”
• Quote legal experts who can explain the significance of an appeal and the stay of execution.
• Avoid sensationalist language that suggests a final decision has been made when the matter is still sub judice.

For Legislative Staff

• Consult the Office of the Clerk of Parliament to confirm whether a seat can be declared vacant in the presence of an ongoing appeal.
• Ensure that any resolution adopted aligns with the constitutional requirements and does not prejudice the appellate process.
• Maintain transparency by publishing the legal basis for any parliamentary action.

For Civil Society and Voters

• Monitor the Supreme Court’s docket for updates on the scheduled hearing on 13 January 2026.
• Engage with accredited election observation groups to obtain reliable information about the case’s progress.
• Exercise patience and refrain from premature political mobilisation that could exacerbate tensions.

Frequently Asked Questions

What does it mean for a parliamentary seat to be declared vacant?

A parliamentary seat is declared vacant when the Constitution or a competent court determines that the incumbent no longer meets the legal requirements to hold office. In the Kpandai case, the High Court had annulled the election results, but the matter remained sub judice because an appeal had been filed.

Why is filing an appeal important in election disputes?

An appeal provides a mechanism for a higher court to review the lower court’s decision. While the appeal is pending, the original judgment is typically stayed, meaning it cannot be executed or enforced. This protects the rights of the party that is appealing and prevents irreversible actions based on a decision that may later be overturned.

Can Parliament legally declare a seat vacant while an appeal is pending?

Under Ghanaian constitutional law, Parliament may only declare a seat vacant after a final court order confirming the vacancy. Declaring a vacancy before the appellate process concludes may breach the principle of judicial independence and could be challenged in court as an overreach of legislative power.

What is the current status of the Kpandai case?

As of the latest reporting on 20 December 2025, the Supreme Court has suspended all processes related to the proposed Kpandai parliamentary rerun and has adjourned the matter to 13 January 2026. Until the Supreme Court delivers a definitive ruling, the legal status of the seat remains uncertain.

How might this case affect Ghana’s democratic institutions?

If Parliament proceeds with actions that appear to disregard the staying effect of an appeal, it could erode public confidence in the impartiality of electoral institutions. Conversely, a careful, legally grounded approach would reinforce the rule of law and demonstrate respect for the constitutional separation of powers.

Conclusion

The debate surrounding Parliament’s declaration that the Kpandai parliamentary seat is vacant underscores the delicate balance between legislative authority and judicial oversight in election disputes. Senior IMANI‑Africa fellow Kofi Bentil has rightly highlighted that the timing of the declaration was untimely, given the pending appeal and the constitutional requirement to await a final judicial pronouncement. While Parliament possesses the power to regulate its own composition, that power must be exercised within the bounds of the Constitution and in deference to the hierarchical structure of the courts.

For the continued health of Ghana’s democracy, all stakeholders — lawmakers, judges, journalists, and citizens — must uphold the principle that no institution may act unilaterally on a matter that is still under judicial review. By doing so, Ghana can preserve the integrity of its electoral processes, reinforce public trust, and avoid unnecessary political turbulence. The Supreme Court’s upcoming hearing on 13 January 2026 will be a pivotal moment; its outcome will ultimately clarify the proper procedural path forward for the Kpandai constituency and set a precedent for future election-related conflicts.

Sources

1. IMANI‑Africa Official Website – Profile of Kofi Bentil, Senior Vice President.

2. Ghana Parliament Official Site – Documentation of parliamentary resolutions and procedures.

3. Supreme Court of Ghana – Press releases regarding the Kpandai case schedule.

4. High Court of Ghana – Accra – Judgment summary on the 2024 Kpandai election annulment.

5. PleasureNews – Transcript of the 20 December 2025 Newsfile interview with Kofi Bentil.

6. Constitution of the Republic of Ghana (1992), Sections 111 and 113 – Provisions on vacancy of parliamentary seats.

7. Representation of the People Act, 2020 – Legal framework governing election petitions and appeals.