Two leading figures of the New Patriotic Party (NPP), Prof. Kwabena Frimpong-Boateng and Dr Nyaho Nyaho-Tamakloe, alongside a stalwart of the National Democratic Congress (NDC), Dr Christine Amoako-Nuamah, have invoked the original jurisdiction of the Supreme Court to challenge the internal voting arrangements of Ghana’s major political parties.
Represented by their counsel, Oliver Barker-Vormawor, the plaintiffs are seeking a “true and proper interpretation” of the 1992 Constitution as it relates to the processes by which political parties select their presidential and parliamentary candidates.
Reliefs being sought by the plaintiffs
The suit is directed at the NPP, NDC, Convention People’s Party (CPP), the Electoral Commission, and the Attorney-General. It contends that the existing delegate-based voting systems are exclusionary and inconsistent with constitutional principles.
The plaintiffs are therefore seeking the following reliefs:
- 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.
