PROF. KWABENA FRIMPONG BOATENG& 2ORs v. NEW PATRIOTIC PARTY & 4ORs
July 29, 2026
SUPREME COURT
GHANA
CORAM
- BAFFOE-BONNIE, CJ (PRESIDING)
- PWAMANG, JSC
- AMADU, JSC
- ASIEDU, JSC
- GAEWU, JSC
- DZAMEFE, JSC
- SUURBAAREH, JSC
July 29, 2026
SUPREME COURT
GHANA
CORAM
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i. 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 election of a political party’s presidential and parliamentary candidate(s) constitutes a core element of the party’s internal organisation within the meaning of Article 55(5) of the Constitution.
ii. 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).
iii. A declaration that, on a true and proper interpretation of the Preamble and Articles 1, 17, 33(5), 35(6)(d), 42, 55(2), 55(5), 63 and 93 of the 1992 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.
iv. A declaration that the delegate-based Electoral College system established under Article 13 of the Constitution of the 1st Defendant for the election of its presidential candidate, which confines or restricts voting to specified executives, office holders and delegates to the exclusion or material disenfranchisement of members in good standing of the party, contravenes the Preamble and Articles 1, 17, 33(5), 35(6)(d), 42 and 55(5) of the 1992 Constitution and is therefore unconstitutional, null, void and of no effect.
v. A declaration that the Extraordinary Constituency Delegates Conference system established under Article 7 of the Constitution of the 1st Defendant for the selection or election of its parliamentary candidates, which confines voting to specified constituency executives, coordinators, polling station officers, elders, patrons and other delegates t
AI Generated Summary
Three distinguished Ghanaian plaintiffs challenged delegate-based mechanisms used by the New Patriotic Party (NPP), National Democratic Congress (NDC), and Convention People’s Party (CPP) for selecting presidential and parliamentary candidates, arguing these systems violate Article 55(5)’s command that party internal organisation conform to democratic principles. The NPP defended representative democracy within party structures; the NDC largely conceded and sought prospective relief; the CPP did not oppose and requested time; the Electoral Commission objected to joinder; the Attorney-General supported the plaintiffs. The Supreme Court, per Chief Justice P. Baffoe-Bonnie, read the Constitution holistically, finding a consistent preference for universal adult suffrage in constituting public authority and holding that party candidate selection is a core aspect of internal organisation subject to Article 55(5). The Court granted all reliefs, ordered all parties to abandon electoral colleges and enable all members in good standing to vote directly within one year, recognised the EC’s continuing supervisory duty, and preserved past acts. Amadu JSC concurred; Asiedu JSC, joined by Gaewu JSC, dissented.