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Former Minister of Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong-Boateng, seasoned politician Dr. Nyaho Nyaho-Tamakloe, and former-Education Minister Dr. Christine Amoako-Nuamah have brought a case to the Supreme Court disputing the legality of the delegate-based systems employed by Ghana’s leading political parties to select their presidential and parliamentary candidates.
The three plaintiffs are requesting constitutional declarations against the New Patriotic Party (NPP), National Democratic Congress (NDC), and Convention People’s Party (CPP), claiming that the internal electoral processes of the parties significantly disenfranchise regular party members and breach the democratic principles established in the 1992 Constitution.
The Electoral Commission (EC) and the Attorney-General have also been included as defendants, with the plaintiffs arguing that the EC has not fulfilled its constitutional and legal obligation to guarantee that the internal structure of political parties aligns with democratic principles as mandated by Article 55(5) of the Constitution and section 9(a) of the Political Parties Act, 2000 (Act 574).
The plaintiffs argue that political parties in Ghana are not private organizations but constitutionally acknowledged entities through which citizens wield political power and obtain public office. They contend that the methods through which parties choose presidential and parliamentary candidates are essential aspects of their “internal structure” and must adhere to democratic principles, such as equal, direct, and significant involvement of members in good standing.
In their case statement, the plaintiffs argue that the delegate-based electoral college systems used by the NPP, NDC, and CPP limit voting to a small group of party executives, office holders, and chosen delegates, thus excluding or significantly disenfranchising most party members from engaging in the most important decisions within their parties.
They contend that this framework violates not only Article 55(5) but also various constitutional clauses that ensure political equality, participation, and voting rights, such as Articles 1, 17, 35(6)(d), and 42 of the Constitution.
The lawsuit outlines the internal structures of both parties, highlighting that even though the NDC temporarily tried a universal suffrage model to elect its presidential candidate in 2015, it subsequently returned to a limited delegate system.
The plaintiffs contend that this regression highlights the necessity for judicial interpretation of the constitutional significance of “democratic principles” in relation to internal party elections.
The plaintiffs seek a ruling from the Supreme Court to declare the delegate systems unconstitutional and to eliminate the associated provisions in the constitutions and electoral regulations of the three political parties.
They are also requesting significant orders requiring the parties to modify their constitutions to implement candidate selection processes that guarantee equal, direct, and meaningful involvement of members.
Furthermore, the plaintiffs seek a court order directing the Electoral Commission to ensure adherence to Article 55(5) and the Political Parties Act regarding the oversight and regulation of internal party elections.
Source: Ghanatodayonline.com
