Supreme Court ruling on Kpandai election hinged on timing, not merits – Lawyer

Lawyer Kwame Adofo says the Supreme Court’s decision to overturn the High Court ruling nullifying the 2024 parliamentary election in Kpandai was based purely on jurisdiction and statutory timelines, not on the conduct or outcome of the election itself.

Speaking on the Asaase Breakfast Show on Thursday (29 January), Adofo explained that the apex court’s 4–1 ruling turned on the petitioner’s failure to challenge the election within the time frame prescribed by law, rendering the High Court proceedings invalid.

“The matter before the Supreme Court had nothing to do with the merits of the election,” he said. “It had everything to do with whether the court had jurisdiction to hear the case. Once you are out of time, the court’s doors are closed.”

He stressed that Ghana’s electoral laws clearly stipulate a limited period within which parliamentary election results may be challenged, calculated from the date the results are gazetted.

According to Adofo, once that statutory period lapses, a court lacks the power to hear the case, regardless of how strong the substantive claims may be.

“You may have an ironclad case, but once time expires, the court cannot even consider it,” he said, adding that a judge “ought not to have heard the case at all” if it was filed out of time.

Adofo said the Supreme Court’s ruling reaffirmed settled law that courts must first satisfy themselves that they have jurisdiction before examining the merits of any matter.

He expressed surprise that the decision was not unanimous, saying the law on timelines was “absolutely clear”, but said he was keen to read the dissenting opinion to understand the reasoning behind it.

The ruling effectively ends plans for a by-election in Kpandai after the High Court had earlier nullified the result.