The National Democratic Congress (NDC) parliamentary candidate for the Kpandai constituency in the 2024 elections, Daniel Nsala Wakpal, has filed a fresh suit at the Supreme Court challenging key provisions of Ghana’s election law.
In the writ invoking the court’s original jurisdiction, Wakpal is asking the Supreme Court to declare that Section 18 of the Representation of the People Law (PNDCL 284) is inconsistent with the 1992 Constitution.
He argues that the law’s requirement that parliamentary election petitions be filed only after results are published in the Ghana Gazette undermines constitutional provisions governing elections and dispute resolution.
The plaintiff is seeking several declarations from the court, including that the constitutional jurisdiction of the High Court to hear parliamentary election petitions under Article 99(1) cannot be limited or taken away by subordinate legislation such as PNDCL 284.
Mr. Wakpal further argues that, under a proper interpretation of Articles 49(2), 49(3), 99(1), and 99(2) of the Constitution, an aggrieved party should be able to challenge results declared at the polling station level without waiting for the Electoral Commission to publish the constituency results in the Gazette.
He is also asking the court to rule that the Supreme Court itself does not have original jurisdiction to determine parliamentary election disputes, insisting that such matters fall within the exclusive domain of the High Court.
In the suit, Wakpal states that he is bringing the action as a citizen of Ghana under Articles 2(1) and 130(1) of the Constitution, which allow individuals to challenge laws that are inconsistent with the Constitution.
The case comes against the backdrop of the Supreme Court’s decision on January 26, 2026, which set aside a Tamale High Court judgment that had annulled the Kpandai parliamentary election results and ordered a rerun. That ruling effectively halted plans by the Electoral Commission to conduct a fresh election in the constituency.
Daniel Nsala Wakpal is seeking further orders and directions the court may deem necessary to give full effect to any declarations it grants.
