The Ministry of Justice has thrown its weight behind a legal challenge aimed at dismantling the delegate system used by political parties to select internal leaders and electoral candidates.
The Deputy Attorney-General and Minister of Justice, Dr. Justice Srem-Sai, confirmed that the state has formally filed its arguments at the Supreme Court in support of the lawsuit, describing it as “one of the most impactful constitutional law cases in the Fourth Republic.”
The legal action, structurally dubbed the “Anti-Delegate System (ADS) case,” seeks a definitive declaration from the apex court that all registered political party members in good standing hold a constitutional right to vote in their respective internal primaries.
The state’s legal brief aligns directly with the plaintiffs’ case, arguing that a favorable ruling by the Supreme Court will significantly strengthen and deepen democratic governance across the country.
“Yesterday, we filed our argument in what, I think, is one of the most impactful constitutional law cases in the 4th Republic – the Anti-delegate System (ADS) case.
The case was brought by Prof KWABENA PROF FRIMPONG BOATENG, DR NYAHO NYAHO-TAMAKLOE and DR CHRISTINE AMOAKO-NUAMAH, with Osagyefo Oliver Barker-Vormawor as Counsel.
The 3 distinguished senior statespersons want the Supreme Court to declare that all registered members (in good standing) of a political party are entitled to vote in the party’s primaries.
We believe that the declaration, if made by the Supreme Court, will considerably improve our democracy in many ways. We argued in support of the Plaintiff’s case. Da yie.”
Legal representation for the plaintiffs is being led by prominent human rights lawyer and activist, Osagyefo Oliver Barker-Vormawor.
The lawsuit was initiated by three highly respected senior statespersons and veterans of Ghanaian public life whose collective background spans medicine, state security, diplomacy, and environmental policy.
By uniting across traditional political divides, they argue that the current delegate system restricts democratic participation to a select few, paving the way for undue financial influence during internal elections, and they contend that shifting to a “One Member, One Vote” framework will return democratic ownership back to the grassroots base.
The three plaintiffs are Professor Kwabena Frimpong-Boateng, Dr. Nyaho Nyaho-Tamakloe, and Dr. Christine Amoako-Nuamah.
Commenting on the issue, Mr. Barker-Vormawor in a Facebook post noted that the suit was brought against the NDC, NPP, and CPP, alongside the Attorney-General’s Department and the Electoral Commission (EC).
He stated that, so far, the NDC, CPP, and the Attorney-General have all filed responses agreeing with the position of the plaintiffs and inviting the Supreme Court to uphold the suit.
Meanwhile, the EC says it has no horse in the race and will abide by whatever the court decides.
The NPP has, however, maintained that the delegate system is constitutional.
“Sometime this year, our firm Merton & Everett LLP on the instructions of Professor Frimpong Boateng, Dr Nyaho Nyaho Tamakloe and Dr Christine Nuamah commenced legal action at the Supreme Court.
The suit was brought against the NDC, the CPP and the NPP. The Electoral Commission and the Attorney-General were joined to the suit. The case challenges the political party delegate system as being undemocratic and thus offensive to Article 55 of the 1992 constitution.
So far the NDC, the CPP and now the Attorney-General have all filed responses agreeing with our position; and inviting the Supreme Court to uphold our suit. The EC says it has no horse in the race and will abide by the whatever the Court decides. Only the NPP says their delegate system is constitutional. Shalom”
By: Rainbowradioonline.com/Ghana
