We Had Been Inside Time – Dafeamekpor Defends NDC’s Case as Kpandai Fight Hits Supreme Court

Introduction

The parliamentary seat of Kpandai in Ghana’s Northern Region has become the focal point of a high‑stakes legal battle between the National Democratic Congress (NDC) and the New Patriotic Party (NPP). At the heart of the dispute lies a question of procedural timing: Was the NDC’s election petition filed within the statutory window prescribed by the Electoral Commission (EC)? Majority Chief Whip Rockson‑Nelson Etse Dafeamekpor took to Joy News PM Express on Tuesday to argue that the petition was indeed “inside time,” counter‑arguing the NPP’s claim that the High Court overstepped its jurisdiction. This article breaks down the arguments, examines the legal framework, and offers practical guidance for anyone tracking Ghanaian electoral litigation.

Analysis

Background of the Kpandai Dispute

In the 2024 general elections, Mathew Nyindam (NPP) was declared the winner for the Kpandai constituency. The NDC filed an election petition challenging the result on grounds of alleged irregularities. The High Court in Tamale subsequently nullified Nyindam’s victory and ordered a rerun, a decision that the NPP is now seeking to overturn at the Supreme Court.

Key Legal Question: Timing of the Petition

The central issue is whether the petition was lodged within the period stipulated by the Electoral Act 2022. The NPP argues that the petition was filed after the statutory deadline, rendering the High Court’s judgment void for lack of jurisdiction. Dafeamekpor counters this by emphasizing the role of the EC’s “final gazette” – the official publication that confirms the closure of the election timeline for each constituency.

Understanding the Gazette Process

Ghana’s Electoral Commission issues several gazettes during an election cycle:

• Pre‑election gazette – announces the list of constituencies and candidates.
• Interim gazette – updates on any changes (e.g., disqualifications).
• Final gazette – the definitive record that marks the closing date for filing petitions.

Dafeamekpor highlighted that the final gazette for all 276 parliamentary seats was released on 24 January 2025. According to his interpretation, any petition filed before that date complies with the legal deadline, regardless of earlier gazette publications.

High Court’s Reasoning

The Tamale High Court ruled that the NDC’s petition relied on the final gazette, which was still in effect when the petition was submitted. Consequently, the court concluded that the petition was timely and that the High Court possessed jurisdiction to adjudicate the matter.

Supreme Court Appeal by the NPP

Mathew Nyindam’s legal team argues that the High Court relied on an outdated gazette (the “December 24” edition) and that the correct statutory deadline had already passed. They maintain that the Supreme Court should reverse the High Court’s decision on the basis of procedural non‑compliance.

Dafeamekpor’s Counter‑Argument

During the interview, Dafeamekpor asserted:

“We were within time. We know our calculation, our maths is not that bad.”

He emphasized that the EC itself confirmed the final gazette as the authoritative source, and that the law gives precedence to the latest gazette over any earlier versions. This, he argued, validates the NDC’s procedural compliance.

Summary

The Kpandai parliamentary dispute illustrates the intricate interplay between electoral administration, statutory deadlines, and judicial interpretation. While the NPP focuses on a presumed procedural lapse, the NDC, backed by Majority Chief Whip Dafeamekpor, relies on the final EC gazette to demonstrate that the petition was filed within the legal timeframe. The Supreme Court’s upcoming ruling will not only determine the fate of the Kpandai seat but also set a precedent for how future election petitions interpret gazette publications.

Key Points

Practical Advice

For Political Parties and Candidates

1. Track the final gazette – Ensure you have a copy of the EC’s definitive publication and note its release date.

2. File promptly – Even if earlier gazettes are issued, treat the final gazette as the ultimate deadline to avoid jurisdictional challenges.

3. Maintain documentation – Keep timestamps, email confirmations, and receipt logs for any petition filing.

For Legal Practitioners

1. Reference statutory provisions – Cite the specific clauses of the Electoral Act that define the relevance of the final gazette.

2. Prepare jurisdictional briefs – Anticipate arguments regarding the hierarchy of gazettes and be ready to demonstrate compliance.

3. Monitor court rulings – Supreme Court interpretations will shape future litigation strategies.

Points of Caution

• Misreading gazette dates: Early gazettes do not supersede the final gazette; relying on them can lead to procedural errors.
• Assuming jurisdiction: Even a well‑filed petition can be dismissed if the court deems the filing period unclear; always verify the applicable deadline.
• Public perception: Legal arguments about “timeliness” can be politicized; parties should manage communications carefully to avoid misinformation.

Comparison

Similar Cases in Ghanaian Electoral History

Key Differences

Unlike earlier disputes where the timing issue was straightforward, the Kpandai case involves multiple gazettes, making the legal argument more nuanced. The Supreme Court’s decision will likely clarify whether the “latest gazette” rule is binding across all future petitions.

Legal Implications

The Supreme Court’s ruling could have far‑reaching effects on Ghana’s electoral jurisprudence:

1. Interpretation of the Electoral Act: A definitive reading of the clause governing petition deadlines may be established, reducing ambiguity for future cases.
2. Precedent for Gazette Hierarchy: If the court upholds Dafeamekpor’s argument, the final gazette will become the undisputed benchmark, limiting challenges based on earlier publications.
3. Impact on Election Administration: The EC may be prompted to streamline gazette releases, ensuring that the final gazette is clearly labelled and widely disseminated.

Legal scholars anticipate that the judgment will be cited in subsequent election petitions, potentially influencing the timing of political litigation across the country.

Conclusion

The Kpandai parliamentary dispute showcases how procedural details—particularly the timing of an election petition—can become the fulcrum of political battles. Majority Chief Whip Rockson‑Nelson Etse Dafeamekpor’s defense hinges on a clear understanding of the Electoral Commission’s gazette system and the statutory deadline it creates. As the case ascends to Ghana’s Supreme Court, the outcome will not only decide the fate of a single constituency but also shape the procedural landscape for every future election petition. Stakeholders should monitor the ruling closely, as it promises to set a binding precedent on the legal weight of the final gazette.

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