Three prominent Ghanaian political figures have filed a suit at the Supreme Court, challenging the constitutionality of the delegate-based systems used by major political parties to elect their presidential and parliamentary candidates.
The plaintiffs are former Minister of Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong-Boateng; veteran politician and founding member of the New Patriotic Party (NPP), Dr. Nyaho Nyaho-Tamakloe; and former Minister of Education, Dr. Christine Amoako-Nuamah.
In the suit, the trio is 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 undermine democratic participation and effectively disenfranchise the majority of their members.
They contend that political parties in Ghana are not merely private associations but constitutionally recognised institutions through which citizens exercise political power and gain access to public office. As such, they argue, the methods used by parties to select their candidates are a core part of their internal organisation and must comply with democratic principles enshrined in the 1992 Constitution.
The Attorney-General and the Electoral Commission (EC) have also been joined as defendants. According to the plaintiffs, the EC has failed in its constitutional and statutory duty to ensure that political parties operate in line with democratic principles, as required under Article 55(5) of the Constitution and section 9(a) of the Political Parties Act, 2000 (Act 574).
In their statement of case, the plaintiffs argue that 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 say, excludes or materially disenfranchises the majority of ordinary party members from participating in the most critical decisions within their parties.
They further argue that such arrangements violate not only Article 55(5) but also other constitutional provisions that guarantee political equality, participation, and the right to vote, including Articles 1, 17, 35(6)(d), and 42 of the Constitution.
The suit also examines the internal electoral history of the parties, noting that the NDC briefly adopted a universal suffrage model for the election of its presidential candidate in 2015, allowing all members to vote, before later reverting to a restricted delegate system. The plaintiffs argue that this reversal highlights the need for judicial clarity 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 political parties. Additionally, they are seeking orders directing the parties to amend their constitutions to adopt candidate selection processes that ensure equal, direct, and meaningful participation of members in good standing.
The plaintiffs are also urging the court to compel the Electoral Commission to actively enforce compliance with Article 55(5) of the Constitution and the Political Parties Act in its supervision and regulation of internal party elections.
The case, if successful, could have far-reaching implications for how political parties in Ghana organise their internal elections and how citizens participate in the country’s democratic process.
