Judicial review doesn't stop Clerk from declaring seat vacant – Legal expert to Minority

Private legal practitioner Prince Benson Mankotam has clarified that the Clerk of Parliament acted lawfully in notifying the Electoral Commission (EC) of the vacancy in the Kpandai Constituency, despite objections from the Minority citing ongoing court processes.

Speaking on Morning Starr with Naa Dedei Tettey, Mankotam explained that filing a judicial review application does not automatically halt the execution of a court ruling.

“The mere filing of an application for judicial review does not constitute a stay of execution,” he stressed.

The issue arose after the Tamale High Court ordered a rerun of the Kpandai parliamentary election within 30 days. The Minority had argued that the Clerk should have awaited the outcomes of pending appeals before notifying the EC.

However, Mankotam clarified that unless a formal stay of execution is granted, the Clerk is constitutionally obliged to act.

“Parliament became officially aware of the vacancy once the judgment was served, obligating the Clerk under Article 112(5) to notify the Electoral Commission within seven days,” he added.

Despite protests from the Minority during Wednesday’s parliamentary sitting, the EC has set December 30, 2025, as the date for the rerun, insisting it is complying with both the Constitution and the High Court’s directive.