A legal practitioner has cautioned the two dominant political parties in Ghana against ignoring an ongoing Supreme Court writ that challenges the constitutionality of the delegate-based electoral systems they use to select presidential and parliamentary candidates, warning that continued inaction could amount to contempt.
Austin Kwabena Brako-Powers, speaking on 3FM’s Hot Edition on Wednesday, 29 April 2026, described the National Democratic Congress (NDC) and the New Patriotic Party (NPP) as showing a disappointing posture toward the case, noting that it is not within the power of any political party to dismiss a matter that is properly before the apex court.
The writ was filed in January 2026 by Prof. Kwabena Frimpong-Boateng, Dr. Nyaho Nyaho-Tamakloe, and Dr. Christine Amoako-Nuamah, who are seeking constitutional declarations against the NPP, NDC and Convention People’s Party (CPP), arguing that the parties’ internal electoral arrangements disenfranchise ordinary members and violate democratic principles enshrined in the 1992 Constitution.
The plaintiffs argue that the delegate-based electoral college systems restrict voting rights to a small group of party executives, officeholders and selected delegates, effectively disenfranchising hundreds of thousands of ordinary party members and creating a privileged class of voters within the parties.
Brako-Powers stressed that the Supreme Court is duly seised with the matter and must be accorded the highest level of respect by all stakeholders. He cautioned that any conduct, whether by action or inaction, that undermines the authority of the court or brings the administration of justice into disrepute could amount to contempt.
He rejected suggestions that engaging with the case would serve no meaningful purpose, describing the issues as both novel and significant. “The development of our democracy stands to benefit from the determination of this case,” he said, adding that judicial clarity on the delegate system could enhance transparency, inclusiveness and accountability within political parties.
Brako-Powers noted that the CPP has already responded to the writ, demonstrating compliance with the judicial process. He expressed concern, however, that the NDC and NPP had yet to file their responses, a situation he described as “not encouraging,” particularly given the significance of the constitutional questions at stake.
He urged both parties to take advantage of the 14-day window granted by the Supreme Court to file their statements of case in accordance with the court’s directive. He added that if any party considers the suit to be without merit, the proper course is to challenge it through formal legal argument rather than public dismissal. “They should either file their response to the writ or instruct their lawyers to challenge the arguments of the plaintiffs in court,” he said.
The plaintiffs are asking the Supreme Court to declare the delegate systems unconstitutional and strike down the relevant provisions in the party constitutions, and are further seeking orders compelling the parties to amend their constitutions to adopt candidate selection processes that ensure equal, direct and meaningful participation of all members. The Electoral Commission and the Attorney-General have also been joined as defendants.
The case is widely regarded as a potential landmark ruling that could redefine the boundaries between party autonomy and constitutional principles governing internal party democracy in Ghana.
