Political parties’ electoral college system unconstitutional - 3 Former Ministers seek Supreme Court declaration

Three former government appointees, Professor Kwabena-Frimpong Boateng, Dr Christine Amoako-Nuamah and Dr Nyaho Nyaho-Tamakloe, have invoked the original jurisdiction of the Supreme Court to declare that it is unconstitutional for a political party to organise internal elections using the electoral college system.

The plaintiffs specifically sued the New Patriotic Party (NPP), the National Democratic Congress (NDC) and the Convention People’s Party (CPP), claiming that the systems used to elect their presidential and parliamentary candidates excluded members in good standing and breached Article 55(5) of the 1992 Constitution.

The Electoral Commission and the Attorney-General were also joined as defendants in the action filed on January 23, 2026.

Prof. Frimpong-Boateng, a heart surgeon, is a former Minister of Science, Technology and Innovation, Dr Nyaho-Tamakloe, a medical doctor, is a former Ambassador to Serbia and Montenegro, both under the NPP, while Dr Amoako-Nuamah, a scientist, is a former  Minister of Environment, Science and Technology, Minister of Education, and Minister of Lands and Forestry. 

Reliefs

A declaration that upon a true and proper interpretation of the Preamble and Articles 1(1) and (2), 17, 33(5), 35(6)(d), 42 and 55(5) of the 1992 Constitution, the internal organisation of a political party must be structured in a manner that ensures equal political participation and equal voting rights of its members in the selection of the party’s presidential and parliamentary candidate(s).

The plaintiffs are also seeking declarations from the apex court to the effect that upon a true and proper interpretation of the same provisions of the constitution, democratic principles governing the internal organisation of political parties require political equality, meaningful and broad participation of members in decision-making, accountability of leadership to the membership, and substantially equal and direct voting rights for members in good standing in the election of the party’s presidential and parliamentary candidates.

They, therefore, want the Supreme Court to declare that the delegate-based Electoral College system established under the NPP Constitution for the election of its presidential candidate, which confines or restricts voting to specified executives, officeholders and delegates to the exclusion or material disenfranchisement of members in good standing of the party, contravenes the 1992 Constitution and is, therefore, unconstitutional, null, void and of no effect.

They want similar reliefs for the NPP’s Extraordinary Constituency Delegates Conference system for the selection or election of its parliamentary candidates.

The plaintiffs also seek similar relief against the NDC and the CPP, which have similar Electoral College systems for the selection or election of their presidential and parliamentary candidates and other stated officers of the party.

The plaintiffs are again praying the apex court of the land to issue a consequential order striking down and declaring unconstitutional, null, void and of no effect all provisions of the constitutions, rules, regulations or electoral arrangements of the defendants to the extent that they restrict or confine the election of their presidential and parliamentary candidates to limited Electoral Colleges, delegate bodies or similar structures, or otherwise exclude or materially disenfranchise members in good standing of the parties from voting in elections for their presidential candidates.

They are also praying the Supreme Court to order the defendants to amend their respective constitutions, rules and electoral arrangements to adopt procedures for the election of their presidential candidates or flag bearers that conform to the democratic principles required under Article 55(5) of the 1992 Constitution.

Electoral Commission

The plaintiffs further urged the court to direct the Electoral Commission to enforce Article 55(5) of the Constitution and Section 9(a) of the Political Parties Act, 2000 (Act 574).

It said the Commission had a duty to ensure that the internal organisation of political parties conformed to democratic principles.

Background

Article 55(5) of the 1992 Constitution requires the internal organisation of political parties to conform to democratic principles.

The Political Parties Act, 2000 (Act 574) mandates the Electoral Commission to supervise political parties.