Supreme Court Case Could Strengthen Party Democracy – Lawyer
Brako-Powers says challenge to delegate system raises key constitutional issues
Nelson Emmanuel
April 30, 2026 • 2 min read

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A legal practitioner, Austin Kwabena Brako-Powers, has said that the ongoing writ before the Supreme Court challenging the delegate-based electoral system used by political parties could significantly strengthen internal party democracy in Ghana.
According to him, the case presents important constitutional questions that could reshape how political parties select their leaders and parliamentary candidates. He explained that while some political actors, particularly within the National Democratic Congress (NDC), New Patriotic Party (NPP), and Convention People’s Party (CPP), may dismiss the case as insignificant, such views are premature.
Speaking on 3FM’s Hot Edition on Wednesday, April 29, 2026, Mr Brako-Powers stressed that the matter is properly before the Supreme Court and must be treated with seriousness. He urged all stakeholders to respect the judicial process, warning that any attempt to undermine the authority of the court could amount to contempt.
He rejected claims that engaging with the case would be a waste of time, noting that the issues raised are new and central to Ghana’s democratic development. He argued that a clear ruling from the court could improve transparency, inclusiveness, and accountability within political parties.
The delegate-based system, which is widely used by major political parties in Ghana, allows selected representatives to vote in internal elections on behalf of the wider membership. Critics say this limits participation and concentrates power among a few individuals, while supporters of the writ believe expanding voting rights to more members would strengthen grassroots involvement.
Mr Brako-Powers noted that the appropriate response for any political party that disagrees with the case is to challenge it legally rather than dismiss it publicly. He said parties can file statements of case or instruct lawyers to respond to the arguments before the court.
He pointed out that the CPP has already filed its response but expressed concern that the NDC and NPP have yet to do so. He described their delay as worrying, given the importance of the case and its potential impact on democratic governance.
He therefore urged the parties to use the 14-day window provided by the Supreme Court to submit their responses.
The case is expected to test the balance between party autonomy and constitutional principles, with many observers anticipating a ruling that could redefine internal party democracy in Ghana.
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