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THE REPUBLIC
V.
HIGH COURT (COMMERCIAL DIVISION) TAMALE, EX PARTE: MATHEW NYINDAM INTERESTED PARTIES: DANIEL NSALA WAKPAL & 2 ORS.

(2026) JELR 114767 (SC)

Supreme Court 28 Jan 2026 Ghana
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- The case concerned a parliamentary election petition relating to the Kpandai Constituency’s December 7, 2024 election, in which Nyindam (NPP) was declared the winner and the results were published in the official Gazette on December 24, 2

Case Details

Suit Number:CIVIL MOTION NO: J5/13/2026
Judges:PWAMANG, JSC (PRESIDING) AMADU, JSC KULENDI, JSC ASIEDU, JSC KWOFIE, JSC
Counsel:GARY NIMAKO MARFO ESQ. FOR THE APPLICANT WITH HIM SHADRACH OBENG-YEBOAH ESQ, DR. KWEKU AGYEMAN-BUDU ESQ, KOW ABAKA ESSUMAN ESQ AND NANA BAAFI YEBOAH ESQ. LED BY, FRANK DAVIES ESQ. SIKA ABLA ADDO ESQ. FOR THE 1ST INTERESTED PARTY WITH HER MUSAH MOHAMMED ESQ. GEORGE ADABADZE ESQ. EUGENE AWITY ESQ. SETH NYAABA ESQ. GIDEON ABOTSI ESQ. EFUA NSAH ABAIDOO ESQ. AND EKOW INKOOM ESQ.

RULING

MAJORITY OPINION

KULENDI JSC:-

A. INTRODUCTION 

  1. Having regard to the many election petitions that flood our courts  after each general election, one cannot help but agree with Niccolo di  Bernardo dei Machiavelli in his book titled “The Prince” when he said;  

The desire to acquire power is truly very natural and common; and men  who succeed in doing so are always praised, not blamed.” 

(The Prince, 1532, ch. III) 

  1. However, in a constitutional democracy such as ours, the pursuit of  political power is attained through the ballot box and persons who are  aggrieved by the outcome or processes may have solace in the court of  law. In other words, elections are the constitutional moment when the  sovereignty of the people is not only affirmed in language but performed  in practice. They are, in reality, the periodic renewal of the social  contract in the Hobbesian, Lockean or Rousseauian sense and because  elections are the clearest expression of collective self-government,  disputes con…

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