Former Director of Legal Affairs of the National Democratic Congress (NDC), Abraham Amaliba, has clarified that a certiorari application filed at the Supreme Court does not prevent Parliament from acting on a court-ordered vacancy, insisting that such an application does not amount to a stay of execution.

Speaking on Joy FM’s Top Story on Monday, Mr. Amaliba explained that unless Parliament has been formally served with a motion for stay of execution, it remains legally empowered to notify the Electoral Commission (EC) of a vacant seat—in this case, the Kpandai Constituency.

“The certiorari application does not tie the hands of Parliament, because that is not a stay of execution. I don’t know whether Parliament has been served with the stay of execution before the certiorari application. So if what has been served on Parliament is just a certiorari application, that cannot tie the hands of Parliament,” he said.

His comment follows Parliament’s formal notification to the EC on 4th December 2025, declaring the Kpandai seat vacant in compliance with a High Court order for a re-run of the 2024 parliamentary election. The notification triggers the administrative steps needed for the Commission to organise the re-run.

The development comes after the defeated MP, Mathew Nyindam, filed processes at the Supreme Court—including a certiorari application—seeking to overturn the High Court’s ruling that nullified his election victory.

Critics had argued that Parliament should have waited for the Supreme Court to determine the matter; however, Mr. Amaliba insists that only a stay of execution could have legally halted Parliament’s action.

When asked what would happen if the Supreme Court eventually grants the certiorari, Mr. Amaliba said that such a ruling would have no practical effect on the current situation.

“Well, there isn’t any seat available now,” he explained. “So if the certiorari is granted, then it is a victory which cannot be enforced.”