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, have filed a suit at the Supreme Court contesting the constitutionality of the delegate-based systems used by Ghana’s major political parties to elect their presidential and parliamentary candidates.
The plaintiffs 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 parties’ internal electoral arrangements disenfranchise ordinary members and undermine the democratic principles enshrined in the 1992 Constitution.
Also joined as defendants are the Attorney-General and the Electoral Commission (EC).
The plaintiffs contend that the EC has failed in its constitutional and statutory duty to ensure that the internal organisation of political parties complies with democratic principles, as required under Article 55(5) of the Constitution and Section 9(a) of the Political Parties Act, 2000 (Act 574).
According to the suit, political parties in Ghana are not private associations but constitutionally recognised institutions through which citizens exercise political power and gain access to public office. On that basis, the plaintiffs argue that the processes for selecting presidential and parliamentary candidates form a core aspect of parties’ internal organisation and must meet democratic standards, including equal, direct, and meaningful participation by members in good standing.
In their statement of case, the plaintiffs argue that the delegate-based electoral college systems currently used by the NPP, NDC, and CPP limit voting rights to a small group of party executives, office holders, and selected delegates.
This, they say, excludes or materially disenfranchises the majority of party members from taking part in the most critical decisions within their parties.
They further contend that the delegate system violates not only Article 55(5) of the Constitution but also other provisions guaranteeing political equality, participation, and the right to vote, including Articles 1, 17, 35(6)(d), and 42.
The suit reviews the internal electoral arrangements of the three parties, noting that although the NDC briefly adopted a universal suffrage model to elect its presidential candidate in 2015, it later returned to a restricted delegate system.
The plaintiffs argue that this reversal highlights the need for judicial interpretation of what constitutes “democratic principles” in the context of internal party elections.
The plaintiffs are asking the Supreme Court to declare the delegate systems unconstitutional and to strike down the relevant provisions in the constitutions and electoral rules of the three political parties.
They are also seeking orders compelling the parties to amend their constitutions to adopt candidate selection processes that guarantee equal, direct, and meaningful participation of members.
Additionally, they want the court to direct the Electoral Commission to enforce strict compliance with Article 55(5) of the Constitution and the Political Parties Act in the regulation and supervision of internal party elections.
