Speaker of Parliament, Rt Hon Alban Kingsford Sumana Bagbin, has ruled that Member of Parliament for Kpandai constituency Matthew Nyindam, was right to have attended parliamentary proceedings on November 26, despite the Tamale High Court’s ruling annulling his election victory.
Bagbin’s clarification follows the call by the majority caucus asking the second deputy speaker who was chairing proceedings to immediately declare the seat vacant, insisting that Nyindam must stop participating in parliamentary proceedings until the rerun is held.
According to majority Chief Whip Rockson Nelson Dafeamekpor a similar precedent; in the case of former Assin North MP James Gyakye Quayson supports the removal of the MP from the chamber.
However, addressing the house on Thursday, November 27, Bagbin stated that the High Court’s decision though it invalidates the earlier declaration of Matthew Nyindam as MP cannot take immediate effect because the law provides for a mandatory seven-day stay of execution in all appealable High Court rulings.
“The effect of the order, to my understanding, is that the EC is to conduct a rerun election within 30 days, implying that the original declaration of Hon. Matthew Nyindam as winner is invalid and the member is no longer an MP,” Bagbin said.
“I however bring to the attention of the house the provisions of the Court of Appeal Rules, 1997 (CI 19) as amended by CI 132, rule 27(3).
It provides that there shall be a stay of execution of the judgment or decision appealed against for a period of seven days immediately following the giving of notice of the judgment or decision.”he added
Additionally, Nyindam has filed an appeal and application for a stay of execution, which may further suspend the enforcement of the judgment.
The Speaker emphasized that Article 105 of the 1992 Constitution prohibits a person from sitting or voting in Parliament if they’re not entitled to do so, but given the current stay and potential appeal, it’s premature to conclude Nyindam is disqualified from participating in parliamentary activities.
By Sampson Kumah Ifeetwube Elvis
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