NDC parliamentary candidate for Kpandai in the 2024 elections, Daniel Nsala Wakpal, has filed a suit at the Supreme Court challenging a provision in Ghana’s electoral laws that sets a deadline for filing parliamentary election petitions.

The suit specifically targets Section 18 of the Representation of the People Law (PNDCL 284), which requires election petitions to be filed within 21 days after results are published in the Ghana Gazette.

Invoking the apex court’s original jurisdiction, Mr. Wakpal argues that the provision is unconstitutional and undermines citizens’ right to access justice in election-related disputes.

According to him, linking the filing timeline to Gazette publication unfairly places the process under the control of the Electoral Commission, since publication dates may vary and are not determined by petitioners.

He is therefore asking the Supreme Court to declare that the provision conflicts with Articles 49 and 99 of the 1992 Constitution and should be rendered null and void.

Mr. Wakpal further contends that the High Court’s authority to hear parliamentary election disputes cannot be restricted or limited by ordinary legislation.

The legal challenge stems from the disputed Kpandai parliamentary election, where NPP candidate Mathew Nyindam was declared winner of the December 2024 polls.

The NDC candidate had earlier challenged the outcome at the Tamale High Court, alleging irregularities in the collation and declaration process.

Although the High Court initially annulled the election and ordered a rerun, the Supreme Court later overturned that decision after ruling that the petition had been filed outside the legally prescribed time limit.

At the centre of the current case is the question of whether the statutory deadline tied to Gazette publication is constitutional, especially in situations where publication delays occur.

Mr. Wakpal argues that the arrangement creates uncertainty and could deny petitioners fair access to the courts.

The Attorney-General, however, is opposing the suit, insisting that the law serves as a legitimate procedural safeguard intended to ensure timely resolution of election disputes and maintain political stability.

The state further argues that the time limitation does not remove the courts’ jurisdiction but merely regulates how election petitions are filed and determined.

The case is expected to test the balance between electoral finality and constitutional access to justice in Ghana’s electoral system.