The Clerk to Parliament, Ebenezer Ahumah Djietror, has evaded process servers and bailiffs who have made several attempts to serve him with a contempt of court action filed at the Supreme Court by the New Patriotic Party (NPP) Member of Parliament for Kpandai, Matthew Nyindam.
Matthew Nyindam filed the contempt of court action against the Clerk to Parliament, for going ahead to notify the Chairperson of the Electoral Commission (EC) on the occurrence of a vacancy in the membership of Parliament even though he has been served with an application for stay of execution of the judgment of the High Court, Tamale and the Certiorari application from the Supreme Court seeking to quash the Judgment of the High Court because the election petition was filed out of time.
The application for committal for contempt was filed at the Supreme Court on Thursday, 11 December 2025, by lawyers for Mr Nyindam, Marfo and Associates, and the motion paper was signed by Gary Nimako Marfo. The motion is expected to be moved at the apex court of the land on Tuesday, 13 January 2026.
According to an ex-parte motion filed on Tuesday, 23 December 2025, by lawyers for Matthew Nyindam seeking an order for substituted service, three attempts have been made by bailiffs of the Supreme Court to serve the process personally on Mr Ebenezer Djietror, but they have proven futile.
To this end, Mr Nyindam is praying the court to allow Mr Djietror to be served by a publication in the Daily Graphic, by leaving the process with an officer in the Office of the Clerk to Parliament and by posting a copy of the process on the notice board of the Court. The application for substituted service is expected to be moved on 13 January 2026.
Background
In his affidavit in support of the application deposed to by Dominic Bingab Aduna Nitiwul, Member of Parliament for Bimbilla, the applicant, Matthew Nyindam, contends that the decision by the Clerk to Parliament to meddle in matters that are sub-judice is a deliberate attempt to undermine the dispute and the authority of the court, and that his actions and inactions are contemptuous.
“On 24th November, 2025, the High Court (Commercial Division), Tamale delivered a judgment which became the subject matter of a Judicial Review application before this Court seeking to quash the said judgment by way of Certiorari.
“The Bailiffs of this Honourable Court effected service of the processes on the Clerk to Parliament. Despite the service of these processes on the which in essence is seeking to quash the Judgment of the High Court (Commercial Division), Tamale dated 24th November, 2025, the Clerk to Parliament wrote to the Chairperson of the Electoral Commission as follows:
“I, BENEZER AHUMAH JIETROR, the Clerk to Parliament, DO HEREBY FORMALLY NOTIFY you of the occurrence of a vacancy in the membership of Parliament,” the affidavit in support of the application read.
“The letter written by the Clerk to Parliament is dated 4th December, 2025, which meant that the Clerk to Parliament was fully aware of the pendency of the Certiorari application before this Court.
“The Clerk to Parliament was also fully aware that an application for Stay of Execution was pending before the High Court (Commercial Division), Tamale, and the same was moved on 10th December, 2025.
The Clerk to Parliament, being a trained lawyer, knows or ought to have known that there are pending proceedings in respect of the Kpandai Constituency electoral dispute at the Supreme Court and the High Court (Commercial Division), Tamale, and therefore ought to have waited to abide by the decisions of the Courts before writing to the Chairperson of the Electoral Commission,” the affidavit further read.
Prayer of applicant
The applicant noted that the action of the Clerk to Parliament was a deliberate, willful, and blatant attempt to overreach any decision that would be taken by the Court and that the Electoral Commission of Ghana in response to the letter written by the Clerk to Parliament has set down Tuesday, 30 December 2025 to rerun the Parliamentary Elections in the Kpandai Constituency when the matters pending before this Court and the Court of Appeal have not been determined.
It is on these grounds that the applicant, Matthew Nyindam, prays the court to convict the Clerk to Parliament, Ebenezer Ahum Djietror, for contempt of court and to be imprisoned.
The EC
The Electoral Commission (EC) said on Wednesday it will hold a rerun of the Kpandai Constituency parliamentary election on 30 December, following a High Court ruling ordering the poll within 30 days.
The EC announced the date in a press release, noting that the seat had become vacant after the Clerk to Parliament formally notified the commission of the occurrence of a vacancy. The rerun will be contested only by the three candidates who stood in the 2024 parliamentary election.
The announcement follows a legal challenge by Daniel Nsala Wakpal, the 2024 National Democratic Congress (NDC) parliamentary candidate for Kpandai, who filed a contempt suit against EC Chair Jean Mensa.
Wakpal alleged that the commission had failed to comply with the High Court’s 24 November order, describing the delay as “a deliberate disregard for the High Court” and interference with the administration of justice.
The EC’s statement marks a formal compliance with the court order, ending uncertainty over the scheduling of the rerun and setting the stage for political campaigning in the northern constituency.
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