Frimpong-Boateng, Nyaho-Tamakloe, and Dr. Christine Amoako-Nuamah Take NPP, NDC, and EC to Court Over Delegate System
Plaintiffs argue delegate-based systems disenfranchise ordinary party members and violate constitutional democratic principles
- Plaintiffs challenge delegate-based elections in Ghana’s major parties.
- They claim the system disenfranchises ordinary party members.
- Suit seeks party reforms and EC enforcement of democratic rules.
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 challenging 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), National Democratic Congress (NDC), and Convention People’s Party (CPP), arguing that the parties’ internal electoral arrangements disenfranchise ordinary members and violate the democratic principles enshrined in the 1992 Constitution.
The Attorney-General and the Electoral Commission (EC) have also been named as defendants. The plaintiffs contend that the EC has failed in its constitutional and statutory duty to ensure that the internal organisation of political parties aligns with democratic standards, 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 merely private clubs but constitutionally recognised institutions through which citizens exercise political power and access public office. As such, the processes parties use to select presidential and parliamentary candidates form a core part of their “internal organisation” and must allow for equal, direct, and meaningful participation by all members in good standing.
The plaintiffs argue that the delegate-based electoral systems currently employed by the NPP, NDC, and CPP restrict voting to a narrow class of party executives, office holders, and selected delegates, effectively excluding the majority of party members from participating in critical decisions.
They contend that this system breaches not only Article 55(5) but also other constitutional provisions guaranteeing political equality, participation, and the right to vote, including Articles 1, 17, 35(6)(d), and 42 of the Constitution.
The suit also traces the history of internal arrangements in each party. It notes that the NDC briefly experimented with a universal suffrage system for the election of its presidential candidate in 2015 but later reverted to the restricted delegate model. The plaintiffs argue this regression highlights the need for judicial clarification on the constitutional meaning of “democratic principles” in the context of internal party elections.
The plaintiffs are requesting that the Supreme Court declare delegate systems unconstitutional and nullify the relevant provisions in the constitutions and electoral rules of the three parties. They are further seeking orders requiring the parties to amend their constitutions to adopt candidate selection processes that ensure equal, direct, and meaningful participation of members.
Additionally, they want the court to direct the Electoral Commission to enforce compliance with Article 55(5) and the Political Parties Act in supervising and regulating internal party elections.
