The Constitutional and Legal Affairs Committee of the New Patriotic Party (NPP) has asked the United States of America (USA) branch of the party to fully comply with the rules and regulations approved by the National Council and the National Executive Committee for the organisation of internal elections.

The committee also asked the USA branch to pursue any proposed constitutional reforms through the appropriate constitutional mechanisms of the party.

It said the decision was reached after reviewing all the constitutional and legal arguments advanced by the NPP/USA Branch regarding the organisation of its election.

Context

The NPP-USA Branch, in a May 28 memorandum to the General Secretary of the party, Justin Kodua Frimpong, had challenged the constitutionality of certain provisions contained in the rules and regulations governing the party's internal elections, particularly those relating to the external branches.

The general secretary subsequently referred the memorandum to the Constitutional and Legal Affairs Committee for its review and legal opinion, particularly those relating to external branches.

Branch bylaws

The committee reminded the USA branch that the constitution of the NPP remained supreme over all branch bylaws.

“Any bylaw inconsistent with the constitution is unenforceable to the extent of the inconsistency; the two-year good-standing requirement for voting is constitutionally binding; branch bylaws cannot alter constitutional qualifications for party office,” the committee, chaired by Frank Davis with Gary Nimako as secretary, said in its decision.

It said the national council and National Executive Committee possessed constitutional authority to issue binding election regulations applicable to external branches and that existing branch bylaws could not override decisions lawfully taken by superior organs of the party.

“The NPP-USA branch remains constitutionally bound by the constitution of the NPP and all lawful directives issued pursuant thereto,” it stated.

Regarding the USA branch's questioning of the authority of the National Council and NEC to issue rules governing branch elections, the committee said it found that position inconsistent with the party's constitutional structure. 

Constitutional compliance

The committee further noted that every member of the party was under a constitutional obligation to respect, uphold, and comply with the constitution and decisions lawfully taken under it.

“The constitutional framework of the party is founded upon discipline, collective responsibility, and respect for duly constituted authority.

The committee acknowledged the branch's reference to laws governing not-for-profit corporations in the State of New York.

“The committee agrees that NPP-USA Inc. must comply with all applicable laws of the United States and the State of New York.

“However, compliance with local corporate laws does not exempt the branch from its obligations under the constitution of the New Patriotic Party,” it stated.

It reminded the USA branch that under universally accepted principles of constitutional governance and administrative law, decisions lawfully taken by superior decision-making bodies are binding on subordinate bodies within the same institutional hierarchy.

“Consequently, where a decision, rule, regulation, or directive issued by a subordinate body conflicts with a decision or directive of a superior body acting within its lawful authority, the decision of the superior body prevails and the inconsistent decision of the subordinate body becomes inoperative to the extent of the inconsistency,” it stated.