NPP COUNCIL IN BREACH:
The Constitution They Vowed to Uphold, They Now Undermine
By Charles McCarthy, Political Communication Strategist
The National Council’s directive issued on 17th June 2025 has ignited serious constitutional concerns within the New Patriotic Party (NPP). Described by many as a legal misadventure laced with political mischief, the Council’s actions reflect a disregard for the very constitution it is mandated to uphold. This article critically analyzes the breaches and exposes the implications for the party’s internal democracy.
1. Violation of Article 10(2): National Conference Cannot Precede Regional Conferences
The NPP Constitution is explicit. Article 10(2) states:
> “The National Annual Delegates Conference shall meet once every year, at least four (4) weeks after the last of the Regional Annual Delegates Conferences.”
Despite this, the National Council has scheduled the National Annual Delegates Conference for July 2025 without first convening the Regional or Constituency Conferences—which are essential precursors.
This is not a minor procedural oversight; it is a blatant violation. The timeline laid out in the Constitution is not optional, but mandatory and sequential. By ignoring this order, the Council attempts to create legitimacy artificially, where due process is constitutionally required.
2. Breach of Article 19: No Prior Circulation of Amendment Proposals
Article 19 of the NPP Constitution governs amendments:
> “No amendment shall be made unless the General Secretary has circulated the proposed amendment to every Regional and Constituency office at least one (1) month before the National Annual Delegates Conference.”
As of this analysis, no official circular or communication has been issued to the party’s 276 Constituency and Regional offices. The General Secretary, Justin Frimpong Koduah, himself a trained lawyer, has not met this constitutional obligation.
Any amendment proposal—including changes to the electoral calendar or the scheduling of a flagbearer election—is therefore null and void ab initio (from the beginning).
3. Overreach of Authority: National Council Has No Power to Amend
The National Council has no constitutional mandate to amend party rules or set electoral timetables. According to Article 9(1):
> “There shall be a National Council which, subject to the decisions of the National Annual Delegates Conference, shall direct the affairs of the party in between meetings of the National Annual Delegates Conference…”
The key phrase—“subject to the decisions of the National Annual Delegates Conference”—reinforces that the Council is subordinate to the party’s highest decision-making body.
As such, the Council cannot:
Announce election dates without prior approval by the Delegates Conference,
Schedule the flagbearer contest (e.g., 31st January 2026) independently,
Override the Constitution or usurp the authority of party delegates.
This conduct amounts to an unauthorized power grab, inconsistent with the party’s internal democratic framework.
4. Misuse of the “Notice of Poll” Provision
The Council’s presumed reliance on a “Notice of Poll” mechanism to justify its directive is legally untenable.
This mechanism is designed to operate after all constitutional conditions have been satisfied—not before. Setting a poll in motion without prior constitutional approval is administrative fiction, not lawful procedure.
5. Preferential Bias and Lack of Transparency
The NPP Constitution is not just a legal document; it embodies the principles of fairness, order, and collective governance. Yet, the Council’s conduct—marked by secrecy, speed, and exclusion—suggests deliberate bias.
The entire sequence of decisions points to an attempt to tilt the internal electoral field in favour of a preferred candidate. The Council’s action is:
Mischievous in intent,
Capricious in execution,
Illegitimate in consequence.
6. No Constitutional Justification: Precedent and Process Matter
Defenders of the Council’s actions may cite “urgency” or “discretion.” However, such arguments are constitutionally baseless. The NPP Constitution:
Provides no doctrine of necessity to justify skipping required steps,
Upholds the supremacy of the Delegates Conference at all times.
Moreover, precedents in 2014, 2018, and 2022 clearly show adherence to constitutional sequencing and timelines. These past actions highlight the current breach as anomalous and unjustifiable.
A Council in Crisis or a Constitution in Ruins?
The National Council’s 17th June directive is more than a misstep—it is fundamentally unconstitutional. It:
Violates Article 10(2) by disregarding the mandatory order of conferences,
Breaches Article 19 by failing to provide due notice of proposed amendments,
Exceeds its constitutional mandate by acting as a law-making authority,
Undermines internal party democracy with a suspiciously pre-set flagbearer date.
If allowed to stand, this directive will become a permanent stain on the NPP’s democratic reputation and invite disorder and division within its ranks. The only remedy is a return to constitutional discipline and internal integrity.
