NPP, NDC dragged to Supreme Court over delegate voting systems

Three elder statesmen have filed a constitutional writ at the Supreme Court challenging the internal electoral systems of Ghana’s major political parties, including the New Patriotic Party (NPP) and the National Democratic Congress (NDC), arguing that their delegate-based structures violate the 1992 Constitution.

The suit, filed by Prof. Kwabena Frimpong Boateng, Dr Nyaho Nyaho-Tamakloe and Dr Amoako Nuamah, contends that the delegate systems used in selecting presidential and parliamentary candidates undermine constitutional principles of universal adult suffrage, equality of political participation and democratic governance.

According to the plaintiffs, restricting internal party elections to a limited pool of delegates creates what they describe as a “privileged class” within political parties, effectively excluding the majority of registered members from meaningful participation in leadership selection.

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“The exclusion is particularly acute because the system vests the critical gatekeeping function of leadership selection in a narrow group, while the overwhelming majority of members are denied equal, direct and meaningful participation,” the writ states.

The plaintiffs argue that Article 55(5) of the Constitution, which requires the internal organisation of political parties to conform to democratic principles, is being breached by delegate-based systems that concentrate power in the hands of party executives, committees and selected delegates.

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“Participation cannot be described as meaningful where the majority of members are structurally excluded from the processes by which candidates for executive and legislative office are selected,” the filing notes.

The suit further claims that such systems weaken political accountability and distort democratic representation, insisting that political parties, as constitutionally recognised institutions, must operate on the principles of inclusiveness, equality and broad participation.

“The internal organisation of political parties is not a private matter. They are constitutionally recognised instruments for democratic governance and must reflect democratic values,” the plaintiffs argue.

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In addition to the NPP and the NDC, the action also names the Electoral Commission and the Attorney-General as defendants, seeking judicial interpretation and enforcement of constitutional standards governing internal party democracy.

Among the key reliefs sought, the plaintiffs are asking the Supreme Court to declare delegate-based leadership and candidate selection systems unconstitutional and to compel political parties to adopt broader and more inclusive voting frameworks that allow full participation of registered party members in internal elections.

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The case raises far-reaching constitutional questions about the structure of political parties in Ghana and could significantly reshape how presidential and parliamentary candidates are selected if the court rules in favour of the plaintiffs.