Veteran politician Dr. Nyaho Nyaho-Tamakloe, former Environment, Science, Technology, and Innovation Minister Prof. Kwabena Frimpong-Boateng, and former Education Minister Dr. Christine Amoako-Nuamah have filed a lawsuit at the Supreme Court contesting the constitutionality of the delegate-based systems Ghana’s major political parties use to choose their presidential and parliamentary candidates.
The three plaintiffs are requesting constitutional declarations against the Convention People’s Party (CPP), National Democratic Congress (NDC), and New Patriotic Party (NPP). They contend that the parties’ internal electoral arrangements violate the democratic principles ingrained in the 1992 Constitution and materially disenfranchise regular party members.
The plaintiffs have also joined the Attorney-General and the Electoral Commission (EC) as defendants, arguing that the EC has not fulfilled its constitutional and statutory obligation to guarantee that the internal organisation of political parties complies with democratic principles as mandated by Article 55(5) of the Constitution and section 9(a) of the Political Parties Act, 2000 (Act 574).
The plaintiffs contend that political parties in Ghana are constitutionally acknowledged organisations that allow citizens to wield political power and run for public office rather than private clubs.
As a result, they contend, the procedures used by parties to choose their presidential and legislative candidates are an essential component of their “internal organisation” and must adhere to democratic norms, which include equal, direct, and significant participation of members in good standing.
The plaintiffs argue in their statement of case that the NPP, NDC, and CPP’s delegate-based electoral college systems prevent the majority of party members from participating in the most important decisions within their parties by limiting voting to a small group of party executives, office holders, and chosen delegates.
They contend that this arrangement violates not just Article 55(5) but also Articles 1, 17, 35(6)(d), and 42 of the Constitution, which provide political equality, participation, and the right to vote.
While the NDC briefly experimented with a universal suffrage model for the choice of its presidential candidate in 2015, it eventually returned to a restricted delegate system, according to the lawsuit, which follows the internal arrangements of each party.
The plaintiffs contend that this retreat highlights the necessity of judicial elucidation of the constitutional definition of “democratic principles” in relation to internal party elections.
The plaintiffs are requesting that the Supreme Court declare the delegate systems unlawful and invalidate the pertinent clauses in the three political parties’ constitutions and election regulations.
Additionally, they are requesting consequential orders compelling the parties to modify their constitutions in order to implement candidate selection processes that guarantee members’ equal, direct, and significant participation.
The plaintiffs also seek the court to mandate that the Electoral Commission oversee and regulate internal party elections in accordance with Article 55(5) and the Political Parties Act.
Source: newsthemegh.com