A suit has been filed at the Supreme Court by three prominent figures – former Minister of Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong-Boateng, veteran politician Dr. Nyaho Nyaho-Tamakloe, and former Education Minister Dr. Christine Amoako-Nuamah – challenging the constitutionality of the delegate-based systems employed by the National Democratic Congress (NDC), the New Patriotic Party (NPP), and the Convention People’s Party (CPP).
The plaintiffs are seeking constitutional declarations against the parties, arguing that their internal electoral arrangements disenfranchise ordinary party members and contravene the democratic principles enshrined in the 1992 Constitution.
The Attorney-General and the Electoral Commission (EC) have been joined as defendants, with the plaintiffs contending that the EC has failed in its constitutional and statutory duty to ensure that political parties’ internal organisation conforms to democratic principles as mandated by Article 55(5) of the Constitution and section 9(a) of the Political Parties Act, 2000 (Act 574).
They assert that political parties in Ghana are not private entities but constitutionally recognised institutions through which citizens exercise political power and access public office.
Consequently, they argue that the processes by which parties select presidential and parliamentary candidates form a core part of their internal organisation and must adhere to democratic standards, including equal, direct, and meaningful participation of members in good standing.
The plaintiffs contend that the delegate-based electoral college systems currently used by the NPP, NDC, and CPP restrict voting to a narrow class of party executives, office holders, and selected delegates, thereby excluding or materially disenfranchising the majority of party members from participating in key decisions within their parties.
They argue that this structure infringes on Articles 1, 17, 35(6)(d), and 42 of the Constitution, in addition to Article 55(5).
The suit highlights the internal arrangements of each party, noting the NDC’s brief experimentation with a universal suffrage model for the election of its presidential candidate in 2015, which was later reverted to a restricted delegate system.
The plaintiffs argue that this regression underscores the need for judicial clarification on the constitutional meaning of democratic principles as applied to internal party elections.
The plaintiffs are seeking a declaration from the Supreme Court that the delegate systems are unconstitutional and an order to strike down the relevant provisions in the constitutions and electoral rules of the three political parties.
They are also seeking consequential orders directing the parties to amend their constitutions to adopt candidate selection procedures that ensure equal, direct, and meaningful participation of members.
Furthermore, they want the court to order the Electoral Commission to enforce compliance with Article 55(5) and the Political Parties Act in the supervision and regulation of internal party elections.
By: Rainbowradioonline.com/Ghana
