The internal democratic credentials of the New Patriotic Party (NPP) would be under a litmus test, as a group of its Constituency Executives living abroad has threatened legal action if the party fails to grant them proxy voting rights in the upcoming presidential primary on 31st January, 2026.
According to them, each member will spend not less than $3,000 to travel to Ghana to cast their ballot on election day if they are denied the right to vote by proxy.
In a petition presented to the Chairman of the NPP Presidential Election Committee, Mr Joseph Osei-Owusu, which THE CUSTODIAN has sighted, the Diaspora party delegates accused the National Executive Committee (NEC) of acting in “violation of the spirit and letter” of Ghana’s Constitution and the country’s electoral laws.
The Election Committee for the presidential primary had stated that there would be no proxy voting in the impending election.
Consequently, the petition signed by dozens of constituency executives currently studying or working overseas argued that the move is in violation of legal electoral processes.
“It is our humble view that Article 51 of the 1992 Constitution of the Republic of Ghana, together with Regulation 25 of Electoral Commission’s Public Elections Regulation, 2020 (C.I .127), provides clear guidance on the exercise of voting by proxy. This provision is designed to safeguard participation and inclusivity in all democratic processes.
“We also wish respectfully to draw attention to the fact that, proxy voting was permitted during the 2023 presidential primaries, with clear rules and regulations provided to ensure transparency and accountability. This precedent demonstrates that proxy voting can be effectively managed within the framework of internal elections,” the petitioners pointed out.
These provisions, they maintained, expressly provides for voting by proxy, establishing it as a valid and legitimate method for registered voters, and by extension, eligible party delegates, who are unable to be physically present in their constituency on polling day.
The petitioners have copied all the flagbearer hopefuls, former President Nana Addo Dankwa Akufo-Addo, former President John Agyekum Kufuor, NPP General Secretary Justin Kodua Frimpong, Council of Elders, and the National Executive Committee (NEC).
Voting by Proxy
Regulation 25(1)(b) of the CI 127 outlines those who qualify for proxy voting.
25(1) states that “A registered voter who:
(a) due to ill-health will not be able to vote on polling day; or
(b) is absent from the constituency and will be unable to vote on polling day, may apply to the returning officer or the Commission for their name to be placed on the proxy list.”
According to the petitioners, this provisions are clear and unambiguous, further arguing that being absent from the constituency is a valid and lawful ground for proxy voting.
Furthermore, the CI 127 outlines the procedure for proxy voting:
- Regulation 25(2) – completion of a proxy form
- 25(3) – endorsement and distribution of proxy copies
- 25(4) – verification of the applicant and proxy
- 25(5) – the proxy’s voting rights
- 25(6) – limitation of one proxy at a time
- 25(7) – applicant not voting directly once a proxy is approved
- 25(8–10) – cancellation procedures and consequences.
These provisions, according to the petitioners, clearly demonstrate that proxy voting is not an exception or privilege, it is a fully codified right within the Party’s electoral framework.
They insisted that their temporary presence outside Ghana, whether for studies, work, or family obligations, falls squarely under Regulation 25(1)(b) of CI 127 which means, “absent from the constituency and unable to vote on polling day.”
The petitioners further warned that the party is setting a stage for a potential internal legal battle that could embarrass it and disrupt its electoral timetable if proxy voting is not permitted.
They reiterated that, “The constitutional language is clear and unambiguous” and that the party’s current stance of not facilitating this process of proxy voting for members abroad is an act of “unconstitutional disenfranchisement.”
This paper has gleaned that legal advisers have already been consulted, ahead of a possible legal action.
“If the NEC fails to act on this petition, our next step will be the courts. We will seek an injunction to enforce our constitutional rights.
“We have contributed too much to this party to be silenced so casually,” a source closed to the petitioners told THE CUSTODIAN.
This legal threat, political watchers believe, puts the NPP leadership in an uncomfortable position.
In their view, allowing proxy voting could be seen as succumbing to pressure that may alter the delicate balance of the primary race.
Conversely, denying the process also risks a public and messy legal dispute that would cast a shadow over the party’s claim to be a bastion of democracy and rule of law.
