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Private legal practitioner Richard Nii Armah says the Supreme Court’s decision to suspend the Electoral Commission’s (EC) planned parliamentary rerun in the Kpandai Constituency was necessary to prevent legal chaos, given serious questions over the High Court’s jurisdiction to order the election in the first place.
Speaking on Bullet TV’s News Night programme hosted by Philip Abutiati, Mr Armah explained that the apex court’s intervention preserves the status quo until it determines whether the High Court judgment that led to the declaration of the seat vacant was legally competent.
According to him, the crux of the matter before the Supreme Court is whether the election petition that triggered the High Court ruling was properly before the court. He noted that under Ghana’s electoral laws, a petition can only be filed after the Electoral Commission has gazetted the election results.
“There is an allegation that at the time the petition was filed, the EC had not published the results in the Gazette,” Mr Armah said. “If that turns out to be true, then it means the right to go to court had not yet accrued, and the High Court may not have had jurisdiction.”
He argued that allowing a rerun election to go ahead while this fundamental legal issue remains unresolved could lead to serious consequences, especially if the Supreme Court later nullifies the High Court’s decision.
“Just imagine the chaos if a new MP is elected and sworn in, only for the Supreme Court to later say the High Court judgment never existed in law,” he cautioned. “The reasonable thing is what the Supreme Court has done—suspend everything.”
Mr Armah stressed that the suspension does not mean the rerun will never happen. Rather, it allows the court to investigate and make a definitive pronouncement. “If it turns out that the law allows the rerun, then it can still be held, and nobody would have lost anything,” he said.
He also clarified that filing an election petition outside the 21-day statutory window does not automatically invalidate a case. However, the timing must be measured from the date the EC publishes the results in the Gazette, a key factual issue now before the Supreme Court.
On procedural matters, Mr Armah described substituted service—particularly service through WhatsApp—as an accepted and increasingly common legal standard. He said courts have embraced electronic service since about 2015, noting that it is cheaper and more efficient than newspaper publication.
Looking ahead to January 13, when the case resumes, Mr Armah said the court is expected to hear arguments from lawyers for the applicant, the interested parties, and responses from the petitioners. Depending on how quickly written submissions are filed, the justices may either deliver a ruling shortly after oral arguments or adjourn to deliberate further.
On the status of the embattled Member of Parliament, Mr Armah said the Supreme Court’s suspension does not automatically reverse the High Court’s declaration that the seat is vacant. Since the apex court has not yet made a specific pronouncement on the MP’s status, he believes the High Court ruling technically remains in force.
“As of now, I don’t believe the MP can return to Parliament, and I also don’t believe the EC can go ahead to organise the election,” he said. “Everybody must wait for the Supreme Court to make a final determination.”
Ghana|Atinkaonline.com|Ebenezer Madugu