Lawyer and Senior Vice President of IMANI-Africa, Kofi Bentil, has sharply criticised Parliament for declaring the Kpandai parliamentary seat vacant, describing the decision as a clear violation of due legal process.
According to Bentil, Parliament should have suspended all actions once the affected Member of Parliament, Nyindam, filed an appeal against the High Court ruling that annulled the 2024 parliamentary election in the constituency.
Speaking on JoyNews’ Newsfile on Saturday, December 20, Bentil explained that under established legal principles, the filing of an appeal automatically places the enforcement of the judgment on hold until the appellate court delivers a final decision.
He stressed that Parliament’s action ignored this fundamental rule and risked undermining the authority of higher courts.
“Once an appeal is filed, the effect of the judgment is suspended. Parliament should not have gone ahead to declare the seat vacant,” he stated.
Bentil warned that enforcing a judgment that is actively under appeal creates unnecessary legal and institutional confusion, noting that such actions weaken respect for judicial hierarchy.
“You cannot enforce a decision that is being challenged. That is basic law,” he added.
He further argued that Parliament’s move contributed to the growing uncertainty surrounding the Kpandai matter, which has since reached the Supreme Court.
According to him, premature institutional actions of this nature risk escalating political tensions and eroding public confidence in Ghana’s democratic processes.
“When institutions rush ahead of the law, they create instability and open the door to avoidable conflict,” Bentil cautioned.
His comments come after the Supreme Court suspended all processes relating to the proposed Kpandai parliamentary rerun while it considers a legal challenge seeking to overturn the High Court’s decision.
The apex court has adjourned the case to January 13, 2026, and until a final ruling is delivered, all actions connected to the rerun remain on hold.
