Former Environment, Science, Technology and Innovation Minister, Prof. Kwabena Frimpong-Boateng, together with veteran politician Dr. Nyaho Nyaho-Tamakloe and former Education Minister Dr. Christine Amoako-Nuamah, has initiated legal action at the Supreme Court to challenge the legality of the delegate-based systems used by Ghana’s leading political parties to choose their presidential and parliamentary candidates.
In the suit, the three are seeking constitutional declarations against the New Patriotic Party (NPP), the National Democratic Congress (NDC), and the Convention People’s Party (CPP), arguing that the current internal voting arrangements unfairly exclude ordinary party members and run contrary to the democratic values enshrined in the 1992 Constitution.
The Attorney-General and the Electoral Commission (EC) have also been named as respondents. The plaintiffs argue that the EC has failed to carry out its constitutional and statutory obligation to ensure that political parties are organised and operated in line with democratic principles, as stipulated under Article 55(5) of the Constitution and Section 9(a) of the Political Parties Act, 2000 (Act 574).
According to the plaintiffs, political parties in Ghana are not private associations but constitutionally recognised bodies through which citizens participate in governance and gain access to public office. They maintain that the selection of presidential and parliamentary candidates is a fundamental aspect of a party’s internal structure and must therefore guarantee equal, direct, and meaningful participation for all members in good standing.
In their statement of case, the plaintiffs contend that the delegate-based electoral college systems currently adopted by the NPP, NDC, and CPP limit voting rights to a small group of party executives, office holders, and selected delegates. As a result, they argue, the majority of party members are effectively shut out of the most critical decision-making processes within their parties.
They further assert that the delegate system violates not only Article 55(5) but also other constitutional provisions that safeguard political equality, participation, and the right to vote, including Articles 1, 17, 35(6)(d), and 42.
The suit reviews the internal electoral history of the parties, pointing out that although the NDC introduced a universal suffrage system for its presidential primaries in 2015, it later abandoned the approach in favour of a restricted delegate model. The plaintiffs argue that this reversal highlights the need for judicial clarification of what constitutes “democratic principles” in the context of internal party elections.
Among the reliefs being sought, the plaintiffs are asking the Supreme Court to declare the delegate-based systems unconstitutional and to nullify the relevant provisions in the constitutions and electoral regulations of the three political parties.
They are also seeking consequential orders compelling the parties to amend their constitutions to adopt candidate selection processes that ensure equal, direct, and meaningful participation by all members. In addition, they want the court to direct the Electoral Commission to strictly enforce compliance with Article 55(5) of the Constitution and the Political Parties Act in the regulation and supervision of internal party elections.
Source:
oyerepafmonline.com
