Two senior members of the New Patriotic Party (NPP), Professor Kwabena Frimpong-Boateng and Dr. Nyaho Nyaho-Tamakloe, together with a leading figure of the National Democratic Congress (NDC), Dr. Christine Amoako-Nuamah, have filed an action at the Supreme Court under its original jurisdiction, contesting the internal electoral arrangements of Ghana’s main political parties.

 

Acting through their lawyer, Oliver Barker-Vormawor, the applicants are asking the Court to clarify the correct constitutional meaning of provisions in the 1992 Constitution that govern the selection of presidential and parliamentary candidates by political parties.

Reliefs being sought by the plaintiffs

The lawsuit targets the NPP, NDC, CPP, the Electoral Commission, and the Attorney-General, arguing that current delegate-based systems are exclusionary. The specific reliefs include:

Declaration of Core Elements: A declaration that electing candidates is a “core element” of a party’s internal organization under Article 55(5) of the Constitution. Equal Participation Rights: A ruling that party structures must ensure equal political participation and equal voting rights for all members in the selection of candidates. Democratic Accountability: A declaration that democratic principles require “meaningful and broad participation,” accountability of leadership, and “substantially equal and direct voting rights”. Striking Down Delegate Systems: The plaintiffs seek to have the “delegate-based Electoral College” and “Extraordinary Constituency Delegates Conference” systems declared unconstitutional, null, and void. They argue these systems restrict voting to specific executives and delegates, leading to the “material disenfranchisement” of ordinary party members. Mandatory Constitutional Amendments: An order directing the NPP, NDC, and CPP to amend their respective constitutions to adopt procedures that conform to democratic principles and ensure the “equal, direct and meaningful participation” of all members in good standing. Regulatory Oversight: An order for the Electoral Commission to enforce compliance with these constitutional requirements during internal party elections.

The plaintiffs argue that the current systems, which confine voting to a limited group of “specified executives, office holders and delegates,” contravene the Preamble and Articles 1, 17, 33(5), 42, and 55(5) of the 1992 Constitution.