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Senior members of the opposition New Patriotic Party (NPP), Prof. Kwabena Frimpong-Boateng and Dr. Nyaho Nyaho-Tamakloe, alongside a leading figure of the ruling National Democratic Congress (NDC), Dr. Christine Amoako-Nuamah, have filed a case at the Supreme Court questioning the legality of the delegate-based electoral frameworks used by the country's major political parties.
Invoking the court’s original jurisdiction, the plaintiffs are seeking judicial clarification on the interpretation of the 1992 Constitution as it relates to the processes by which political parties select their presidential and parliamentary candidates.
Represented by lawyer Oliver Barker-Vormawor, they argue that existing internal voting arrangements within political parties unfairly limit participation and undermine constitutional principles of equality and democratic inclusion.
Key reliefs
In their suit against the NPP, NDC, Convention People’s Party (CPP), the Electoral Commission and the Attorney-General, the plaintiffs are requesting several declarations and orders, including:
- A declaration that the selection of candidates constitutes a fundamental aspect of a political party’s internal organisation under Article 55(5) of the Constitution.
- A ruling that party structures must guarantee equal political participation and voting rights for all registered members in candidate selection processes.
- A declaration that democratic governance within parties requires broad and meaningful participation, leadership accountability, and substantially equal and direct voting rights.
- An order declaring existing delegate-based systems, including electoral college arrangements and extraordinary constituency delegates’ conferences, unconstitutional, null and void on the grounds that they disenfranchise ordinary party members.
- A directive compelling the NPP, NDC and CPP to amend their constitutions to reflect democratic standards that ensure equal, direct and meaningful participation by members in good standing.
- An order mandating the Electoral Commission to enforce compliance with these constitutional requirements during internal party elections.
- The plaintiffs contend that limiting voting rights to a narrow category of executives, office holders and delegates violates the spirit and provisions of the Constitution, particularly the Preamble and Articles 1, 17, 33(5), 42 and 55(5).
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