Former Deputy Attorney-General, Alfred Tuah-Yeboah, has argued that the Clerk to Parliament acted without legal authority by notifying the Electoral Commission (EC) of a vacancy in the Kpandai parliamentary seat while the matter was still under appeal.
Speaking on JoyNews’ Newsfile programme on Saturday, December 20, Mr Tuah-Yeboah said the decision to treat the seat as vacant was procedurally flawed, given that the High Court ruling annulling the 2024 election had been challenged at the Court of Appeal and subsequently at the Supreme Court.
According to him, once a stay of execution is properly filed, the legal effect of the judgment is suspended, making it improper for Parliament to take steps that suggest the matter has been conclusively determined.
“During the pendency of a stay of execution, no administrative officer, including the Clerk to Parliament, has the authority to act on the judgment as if it is final,” he stated.
Mr Tuah-Yeboah stressed that the Clerk’s communication to the EC set off a chain of unconstitutional actions, including preparations for a rerun election.
He noted that such steps undermined the authority of the appellate courts and risked creating institutional confusion. “You cannot, by administrative action, defeat the right of appeal guaranteed under the Constitution,” he added.
He welcomed the Supreme Court’s intervention to halt all processes related to the Kpandai rerun, describing it as a necessary move to restore legal order.
Mr Tuah-Yeboah urged state institutions to exercise restraint in election disputes, warning that premature actions during appeals could weaken public confidence in Ghana’s democratic and judicial systems.