Veteran politician Dr. Nyaho Nyaho-Tamakloe, former Environment Minister Prof. Kwabena Frimpong-Boateng, and former Education Minister Dr. Christine Amoako-Nuamah have filed a suit at the Supreme Court, contesting 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 delegate system undermines internal party democracy and disenfranchises the majority of party members.
Also joined as defendants are the Attorney-General and the Electoral Commission (EC). The plaintiffs contend that the EC has failed to carry out its constitutional and statutory responsibility to ensure that political parties operate in accordance with democratic principles, as required under Article 55(5) of the 1992 Constitution and Section 9(a) of the Political Parties Act, 2000 (Act 574).
In their statement of case, the plaintiffs argue that political parties in Ghana are not private associations but constitutionally recognised institutions through which citizens exercise political power and gain access to public office. As such, they maintain that the processes by which parties select their candidates form a critical part of their internal organisation and must comply with democratic standards, including equal, direct, and meaningful participation by all members in good standing.
They argue that the delegate-based electoral college systems currently employed by the NPP, NDC, and CPP restrict voting rights to a small group of party executives, office holders, and selected delegates, effectively excluding the majority of ordinary party members from participating in key decisions.
According to the plaintiffs, this arrangement violates not only Article 55(5) but also other constitutional provisions guaranteeing political equality and participation, including Articles 1, 17, 35(6)(d), and 42 of the Constitution.
The suit also reviews the evolution of internal party elections, noting that while the NDC briefly adopted a universal suffrage model for selecting its presidential candidate in 2015, it later returned to a restricted delegate system. The plaintiffs argue that this reversal highlights the need for judicial interpretation of what constitutes “democratic principles” within political party structures.
The plaintiffs are therefore 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 guarantee broad-based participation.
In addition, they want the court to direct the Electoral Commission to strictly enforce compliance with constitutional and statutory requirements in the regulation and supervision of internal party elections.