The Attorney-General has thrown his weight behind a landmark Supreme Court action seeking to compel political parties in the country to allow all registered members in good standing to vote directly in the selection of presidential and parliamentary candidates.

In a statement of case filed before the Supreme Court on behalf of the Attorney-General on Monday, May 25, the state argued that political parties were public interest organisations and, therefore, their internal elections must conform strictly to democratic principles enshrined in the 1992 Constitution.

The suit was initiated by former Minister of Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong-Boateng, together with Dr Nyaho Nyaho-Tamakloe and Dr Christine Amoako-Nuamah.

The plaintiffs sued the New Patriotic Party (NPP), the National Democratic Congress (NDC), the Convention People’s Party (CPP), the Electoral Commission (EC) and the Attorney-General.

The case is seeking declarations against the delegate system used by major political parties to elect presidential and parliamentary candidates.

Delegate system challenged

According to the Attorney-General’s statement of case, political parties in Ghana have historically relied on delegate systems where only selected executives and delegates vote during internal elections.

However, the Attorney-General contended that the arrangement materially disenfranchised ordinary party members and undermined democratic participation.

The statement argued that every registered member in good standing of a political party ought to have the right to participate directly in internal elections.

“It creates a right in a citizen who is eighteen years of age or above and who is not of unsound mind to vote in public elections and referenda,” the Attorney-General argued, citing Article 42 of the Constitution.

The filing further maintained that political party internal elections constituted an important aspect of national governance because they ultimately determined who governed the country and controlled state resources.

“The internal election of political parties is a level of decision making in national life. It results, directly rather than indirectly, in national level decision-making and, ultimately, in the allocation of national resources,” the statement said.

Political parties not private bodies

The Attorney-General also argued that political parties could not be regarded as purely private organisations because the Constitution subjected them to strict democratic standards and public scrutiny.

Relying on previous Supreme Court decisions, including Republic v Yebbi & Avalifo, the filing stated that the country’s constitutional history had evolved to prevent political parties from operating as exclusive private clubs.

“Political parties are public (not private) organisations,” the statement stressed.

The Attorney-General further argued that Article 55(5) of the Constitution required the internal organisation of political parties to conform to democratic principles.

As a result, the statement urged the court to declare the delegate system unconstitutional to the extent that it restricted voting rights to a limited electoral college while excluding ordinary members.

Reliefs sought

The plaintiffs are asking the Supreme Court to strike down portions of the constitutions of the NPP, NDC and CPP that establish delegate-based systems for selecting presidential and parliamentary candidates.

They are also seeking orders compelling the parties to amend their constitutions and electoral arrangements to ensure “equal, direct and meaningful participation” of members in good standing.

Additionally, the suit is requesting the Electoral Commission to enforce compliance with constitutional provisions governing internal party democracy.

The Attorney-General, in supporting the plaintiffs’ case, argued that Ghana’s democratic development required broader participation within political parties and a move away from restrictive delegate structures.

The state also drew the court’s attention to international democratic practices, particularly Germany’s constitutional framework, which demands democratic internal organisation of political parties.

According to the filing, Ghana’s constitutional commitment to universal adult suffrage and participatory governance made it imperative for political parties to expand voting rights to all members.

The case, which has generated considerable political and constitutional debate, is expected to test the scope of internal party democracy under the Fourth Republican Constitution.

Political analysts say the outcome could fundamentally alter the manner in which political parties elect flagbearers and parliamentary candidates ahead of future elections.