Lawyer Kwame Adofo, a private legal practitioner, has reacted to the Supreme Court’s ruling ordering that the Kpandai parliamentary election rerun be suspended until the Court itself makes a final determination on the matter.
Speaking in an interview with Citizen Kofi Owusu on Ahotor FM, Lawyer Adofo explained that the Supreme Court’s decision has a direct effect on the powers of the Electoral Commission regarding the Kpandai seat. According to him, the ruling means that the Electoral Commission can not proceed with the planned rerun of the parliamentary election in the constituency.
He clarified that the Supreme Court’s order effectively placed a hold on the earlier decision of the High Court, which had called for a rerun. As long as the Supreme Court has not given its final judgment, the High Court’s ruling is, in practical terms, suspended. This situation could last for several months, depending on how long it takes the Supreme Court to fully hear and determine the case.
Lawyer Adofo further stressed that during this period of legal uncertainty, the people of Kpandai can not be left without representation in Parliament. He explained that, in law, when a decision is stayed, the status quo before that decision is preserved. In this context, the “status quo” refers to the original outcome of the election before the High Court ordered a rerun.
As a result, he stated, the sitting Member of Parliament, Mathew Nyindam, must continue to occupy the Kpandai seat in Parliament until the Supreme Court concludes the case and a final decision is made. Until then, the Electoral Commission “can’t do anything” in terms of organizing a new election for the constituency, and the previous arrangement remains in force.
Lawyer Adofo concluded that, unless and until the Supreme Court rules otherwise, Mathew Nyindam remains the legitimate representative of the people of Kpandai in Parliament, and he is entitled to sit, deliberate, and vote in the House on behalf of his constituents.
Story by: Mercy Addai Turkson #ahotoronline.com