By Franklin Asare-Donkoh
Three senior Ghanaian politicians have filed a suit at the Supreme Court challenging the constitutionality of the delegate-based systems used by the country’s major political parties to elect their presidential and parliamentary candidates.
The plaintiffs are Dr Nyaho Nyaho-Tamakloe, a leading member of the New Patriotic Party (NPP), former Minister for Environment, Science, Technology and Innovation Prof Kwabena Frimpong-Boateng, and Dr Christine Amoako-Nuamah, a former Minister for Education, Environment, Science and Technology, and Lands and Forestry.
They are seeking constitutional declarations against the NPP, the National Democratic Congress (NDC) and the Convention People’s Party (CPP), arguing that the parties’ internal electoral arrangements disenfranchise ordinary members and violate democratic principles enshrined in the 1992 Constitution.
The Attorney General and the Electoral Commission (EC) have also been joined as defendants. The plaintiffs contend that the EC has failed in its constitutional and statutory duty to ensure that political parties are organised in accordance 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 plaintiffs, political parties in Ghana are not private associations but constitutionally recognised institutions through which citizens exercise political power and gain access to public office.
The plaintiffs argue that the processes by which parties select their presidential and parliamentary candidates form a core part of their internal organisation and must therefore comply with democratic standards, including equal, direct and meaningful participation by members in good standing.
In their statement of case, the plaintiffs say the delegate-based electoral college systems currently used by the NPP, NDC and CPP restrict voting rights to a small group of party executives, office holders and selected delegates. This, they argue, excludes or materially disenfranchises the majority of party members from participating in the most important decisions within their parties.
They maintain that this structure violates not only Article 55(5) of the Constitution but also other provisions that guarantee political equality, participation and the right to vote, including Articles 1, 17, 35(6)(d) and 42.
The suit outlines the internal electoral arrangements of the three parties, noting that while the NDC briefly adopted a universal suffrage model to elect its presidential candidate in 2015, it later reverted to a restricted delegate system.
The plaintiffs argue that this reversal highlights the need for judicial clarification on what constitutes “democratic principles” in the context of internal party elections.
They 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 parties.
They are also seeking orders compelling the parties to amend their constitutions to adopt candidate selection processes that ensure equal, direct and meaningful participation of all members.
In addition, the plaintiffs want the court to direct the Electoral Commission to enforce compliance with Article 55(5) of the Constitution and the Political Parties Act in its supervision and regulation of internal party elections.
