Attorney-General backs suit seeking voting rights for all party members in primaries

The Attorney-General has backed a Supreme Court action seeking to give every registered member in good standing of a political party the right to vote in the party’s presidential and parliamentary primaries.

In a 19-page statement of case filed on Monday, May 25, 2026, Deputy Attorney-General Dr Justice Srem-Sai urged the court to uphold the claims made by three senior statespersons: Prof Kwabena Frimpong-Boateng, Dr Nyaho Nyaho-Tamakloe and Dr Christine Amoako-Nuamah.

The suit has been filed against the New Patriotic Party, the National Democratic Congress, the Convention People’s Party, the Electoral Commission and the Attorney-General.

The plaintiffs are challenging the delegate-based systems used by the NPP, NDC and CPP to select presidential and parliamentary candidates.

They argue that those systems exclude ordinary registered party members and are inconsistent with the democratic principles required under Article 55(5) of the 1992 Constitution.

The Attorney-General agrees with that position.

According to the AG, political parties are not purely private clubs but public interest institutions that play a central role in Ghana’s democracy.

The statement of case argues that because political parties help determine who may become President or Member of Parliament, their internal elections must reflect basic democratic standards.

Dr Srem-Sai submitted that Article 55(5) requires political parties to organise themselves in a way that ensures broad participation, political equality, accountability and substantially equal voting rights for members in good standing.

The AG’s position is that candidate selection cannot be left only to narrow groups of executives, officeholders and delegates.

The statement argues that the minimum constitutional standard should include a broad membership selectorate, equal voting power, secret ballot, transparent administration and the absence of material disenfranchisement.

It further contends that the current arrangements of the NPP, NDC and CPP fall below this standard because they concentrate decisive power in limited electoral colleges.

The Attorney-General is therefore asking the Supreme Court to declare that every registered party member in good standing is entitled to vote in internal elections for presidential and parliamentary candidates.

The AG also wants the court to allow a six-month transition period for the affected parties to amend their constitutions and electoral rules.

In addition, the statement asks the court to clarify the supervisory role of the Electoral Commission in ensuring that political parties comply with constitutional democratic standards.

The AG, however, noted that Parliament still has authority under Article 55(11) to further regulate political parties through amendments to the Political Parties Act, 2000, Act 574.

Among the reliefs being sought are declarations that the delegate systems of the NPP, NDC and CPP, to the extent that they exclude ordinary members in good standing, are unconstitutional, null and void.

The plaintiffs are also asking the court to order the three parties to amend their rules to ensure equal, direct and meaningful participation of members in candidate selection.

They further want the Electoral Commission to enforce compliance with Article 55(5) of the Constitution and Section 9(a) of the Political Parties Act.

The case is expected to test the scope of internal democracy within Ghana’s political parties and the extent to which party primaries must reflect constitutional standards of equal participation.