recommendations to the proposed...

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RECOMMENDATIONS TO THE PROPOSED

AMENDMENTS OF THE NEW PATRIOTIC PARTY

CONSTITUTION

DECEMBER 2017

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REPORT OF THE NEW PATRIOTIC PARTY (NPP) CONSTITUTION

COMMITTEE – RECOMMENDATIONS TO THE PROPOSED

AMENDMENTS

1.0 INTRODUCTION

The Constitution of the New Patriotic Party was first registered with the

Electoral Commission on 24th June, 1992. It has seen three amendments on

29th August, 1998, 2003 and 22nd August, 2009. Constitutional Amendment

is a necessary tool which ensures that the Constitution remains a living

document that responds to and reflects the aspirations of the Party.

The proposed amendments are intended to ensure the smooth operation of

the NPP Constitution, to avert unnecessary controversies, indiscipline and

intractable litigation which have lately threatened to undermine the very

existence of the Party, as well as to make the provisions generally tidy. The

amendments relate to both the substance and form of the Constitution.

Article 18 of the current Constitution (22nd August 2009), provides as

follows:

“Every amendment to this Constitution shall be made at the

National Delegates Conference [the supreme governing body of the

Party], provided, however, that no amendment shall be made unless:

i. notice of such amendment has been submitted in writing to

the General Secretary not later than two (2) months before the

National Delegates Conference;

ii. The General Secretary has circulated the proposed

amendment to every Regional and Constituency Office at least

one (1) month before the National Delegates Conference;

iii. At least two-thirds (2/3) of the delegates at the National

Delegates Conference cast their votes in favour of the

amendment.”

1.1 BACKGROUND TO THE ESTABLISHMENT OF THE

CONSTITUTION REVIEW COMMITTEE

In keeping with the tradition of the Party as contained in Article 18, the

General Secretary received proposals for amendments from various interest

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groups and individual members of the Party which were to be tabled for debate

at the Annual Delegates Conference held in Cape Coast from 25th August, 2017

to 27th August, 2017. It however became necessary to convene an Extra-

Ordinary Delegates Conference to afford Delegates sufficient time to study the

proposed amendments.

Mandated by Article 9(B)(1), the National Council gave directives to the National

Chairperson to constitute an ad hoc Constitutional Review Committee tasked to

critically examine the proposed amendments, categorize them under the various

clauses for ease of reference and to make recommendations to guide the debate

at the Extra-Ordinary Delegates Conference. The ad hoc Committee comprised

the following personalities:

i. Mr. F. F. Antoh, Acting 1st Vice-Chairman of NPP (Chairman);

ii. Hackman Owusu-Agyemang, former Minister for Foreign Affair;

(Member)

iii. Godfred Yeboah Dame, Deputy Attorney-General (Member);

iv. Joseph Dindiok Kpemka MP, Deputy Attorney-General (Member);

v. Osei Bonsu Amoah MP, Deputy Minister for Local Government (Member);

vi. Ms. Joyce Opoku-Boateng, Private Legal Practitioner (Member);

vii. Mrs. Joyce Agyeman-Attafuah, Private Legal Practitioner (Member);

viii. Madam Agnes Okudzeto, 2nd Vice-Chairman of NPP (Member);

ix. Mr. Antwi-Agyei, Party Office, (Member); and

x. Richard Asante-Yeboah, (Member)

At its meeting held on Tuesday 28th November 2017 the M-Plaza Hotel in Accra,

the National endorsed the Report of the ad hoc Constitutional Review Committee

as an Information Document for the Annual Delegates Conference to be held in

Kumasi on the 17th of December 2017. It is to be noted that at the Conference

the proposed amendments will be introduced by way of Motions.

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2.0 THE PROPOSED AMENDMENTS TO THE NPP CONSTITUTION AND

COMMENTS/RECOMMENDATIONS THEREON

Under this sub-topic, the Committee examined the provisions in the NPP

Constitution in respect of which amendments have been proposed and the

Constitution as a whole. While streamlining and categorizing the proposed

amendments under the various clauses, the Committee made recommendations

for their acceptance or rejection and where appropriate made some modification

as would ensure coherence and consistency with the time-tested tradition and

aspirations of the Party as enshrined in the Constitution.

2.1 METHODOLOGY

For ease of reference, Names of Proponents and the Clauses that are sought to

be amended are set out or summarized where appropriate. The proposed

amendments are highlighted by emboldening the words. Recommendations

made by the ad hoc Review Committee were informed by the totality of views

expressed by the Proponents, the underlying principles and tradition of the Party

as enunciated in the existing Constitution, which are quintessentially the Party’s

and ought to be respected and protected while ensuring that the Constitution

reflects current socio-political development of the Party in its forward march to

advance the cause of democracy, the rule of law and create and sustain an

enabling environment for the individual’s socio-economic advancement.

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➢ PREAMBLE

No amendment was proposed.

➢ ARTICLE 1 – NAME OF THE PARTY

No amendment was proposed

➢ ARTICLE 2 – AIMS AND OBJECTIVES

Proponents: THE PARLIAMENTARY GROUP; NPP-USA

Proposed amendments:

1. NPP-USA:

Delete the entire Article and replace with a single Mission statement.

2. PARLIAMENTARY GROUP

Insert a new clause titled Vision as follows:

“To establish a government which shall secure the present generation and

posterity the blessings of liberty, equality of opportunity and prosperity”

Recommendation:

The Committee noted that the substance of the proposed amendment is already

captured in various clauses under Article 2. It was further noted that Article 2 is

well-crafted and its structure should be maintained. It is recommended that the

proposed amendments be rejected

Clause 2: To sponsor candidates for elections to any public office

subject to the Constitution of the Republic of Ghana.

Recommendation:

The Committee was of the view that the proposed amendment had more to do

with semantics than substance and recommends that the existing clause

which is simpler should be maintained.

Clause 3: To win political power through democratic means in order to

pursue the establishment of a just society where basic human rights, a

healthy economy shall be ensured and where equality, probity and

accountability shall be the affirmed/guiding principles

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Recommendation:

The Party must have its own aim which is quintessentially the Party’s. The

proposed amendment appears to be a mere rehash of the Constitution of

Ghana and at variance with the tradition of the Party. It is recommended that

the existing clause be maintained.

Clause 4: To foster and actively promote unity among all the people of

this country regardless of race, place of origin, circumstances of birth,

ethnic origin, position, gender, religion or creed, occupation, status in

society or political affiliation.

Recommendation:

The proposed amendment is more expansive and fills in gaps that ought to be

included – It is recommended that it be accepted.

Clause 5: To bring together like-minded citizens of the country so that

they may strive for freedom, justice, probity and accountability by the

appreciation and respect for and enforcement of human rights and the

rule of law through the practice of true democracy.

Recommendation:

The thrust of the proposed amendment is already in the existing provisions of

article 2. Suffice to say that the proposed amendment has revolutionary and

socialistic undertones and at variance with the tradition of the Party. It is

recommended that the existing clause be maintained.

Clause 13: To manage the economy of the country with efficiency and

prudence to maximize the economic development

Recommendation:

It was observed by the Committee that the existing text expresses in much

clearer and simpler language the Party’s tradition and aim. It is recommended

that the proposed amendment be rejected.

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Clause 14: Insert a new Clause 14(b) as follows: To recognize and

guarantee the ownership of property by individuals either alone or in

association with others

Recommendation:

The proposed amendment by introduction of a new clause is in consonance with

the tradition of the Party, and is recommended for acceptance.

Clause 15: To create an enabling environment for a pronounced role

for the private sector and which will afford ample opportunity for

individual initiative and creativity such that citizens and foreigners

alike may invest without fear and without unnecessary bureaucratic

restrictions and impediments, in order to create wealth and prosperity for

the people.

Recommendation:

The proposed amendment in essence, borders on semantics only and appears

not to amend the existing clause in substance. It is recommended that the

existing clause which is more expansive and more effectively articulates the

Party’s tradition be maintained.

Clause 15(b) – Insert new clause: To take the necessary steps to

facilitate the provision of adequate means of livelihood and suitable

employment and public assistance to the disadvantaged

Recommendation:

The idea is already captured in clause 12 and should therefore be synchronized

with that clause. It is suggested that Clause 12 be amended to read as follows:

“To ensure that there are equal opportunities for all citizens without

discrimination on any grounds – whether of gender, age, position, politics,

religion or status, and to provide public assistance to the disadvantaged”.

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Clause 16 – To provide a good and qualitative system of education, both

public and private, at all levels, and in all the regions which responds to

the developmental needs of the country.

Recommendation:

The proposed amendment is only a matter of semantics and appears not to

amend the existing clause in substance. It is recommended that the existing

clause which is more expansive and in tune with the Party’s tradition be

maintained.

Clause 21: To pursue responsible population policies which shall be

consistent with the aspirations and developmental needs of the

country

Recommendation:

It was observed that the proposed amendment appears not to amend the existing

clause in substance, but merely borders on semantics. It is recommended that

the existing clause be maintained.

Clause 23: To uphold and defend the Constitution and Laws of the

Republic

Recommendation:

Proposed amendment only seeks to transpose words from the National Pledge,

and appears not to amend the existing clause in substance. The existing clause

is in line with the Party’s tradition and unique style. It is recommended that the

proposed amendment be rejected and the status quo maintained.

Clause 24: To foster national unity and promote and protect the

integrity of the Republic

Recommendation:

The proposed amendment appears not to amend the existing clause in

substance, but merely borders on semantics. The existing clause is in line with

the Party’s tradition and unique style. It is recommended that the proposed

amendment be rejected and the status quo maintained.

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Clause 25: - To respect, preserve and promote the traditional cultures

and institutions of this country, particularly Chieftaincy and Ghanaian

languages and encourage the integration of appropriate customary

values into the fabric of national life

Recommendation:



clause be maintained.

Clause 26: - To ensure that the country maintains friendly relations

with all countries which respect our sovereignty and integrity as a nation,

and support measures that strengthen the Economic Community of West

African States (ECOWAS), The African Union (AU), the Commonwealth,

and the United Nations (UN), and any other international body of

which Ghana is a member in pursuit of development, peace, freedom

and just international order.

Recommendation:

The Committee recommends the acceptance of the proposed amendment as it

promotes the Party’s ideals beyond national frontiers

Clause 27: - Amend by repealing or deleting the entire clause

Recommendation:

The Committee observed that the existing clause imposes an obligation beyond

the Party’s mandate and capacity as a political party and is inconsistent with the

tradition and ideals of the Party. It is recommended that the proposed

amendment by its deletion should be accepted.

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Clause 28: – To develop and maintain close fraternal relations with

political parties in West Africa, Africa, and the world at large which share

the liberal democratic ideals of the Party, with the view to the establishment

of regional, continental and global associations of likeminded democratic

parties to promote and defend ideals of Democracy and the Rule of Law in

Africa and elsewhere.

Recommendation:

It flows from the proposed amendment to clause 26. It is recommended that the

proposed amendment be accepted, as it promotes international cooperation

between political parties with kindred philosophy in other parts of the world.

➢ ARTICLE 3 –

MEMBERSHIP

▪ Proponents: PARLIAMENTARY GROUP; CONSTITUTIONAL & LEGAL

COMMITTEE; HON. MAXWELL KOFI DWUMAH; H.E DR. BARFOUR

ADJEI-BARWUAH; NPP-USA

A Membership


Clause A (1) Membership of the Party shall be opened to all citizens of

voting age without regard to place of origin, circumstances of birth,

race, status, occupation, gender, ethnic origin, religion, creed or other

beliefs except that a member of an organization or interest group

shall not be required to join the party by virtue of his membership of

the organization or group.”

Recommendation:

The proposed amendment appears to express two separate ideals or subjects

rolled in one clause. It is recommended that the clause is broken into two

separate clauses as follows:

A(1)(i): Membership of the Party shall be opened to all citizens of voting

age without regard to place of origin, circumstances of birth, race, status,

occupation, gender, ethnic origin, religion, creed or other beliefs.

A)(1)(ii): A member of an organization or interest group shall not be

required to join the party by virtue of his membership of the organization

or group.

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Clause A(3) A person who desires to become a Member of the Party may

enroll for membership in any parliamentary constituency where the person

hails from and in the polling station where the person belongs to or

resides, or in an external branch

Recommendation:

Proposed amendment appears onerous and at variance with the Party’s tradition

and therefore it is recommended that the amendments be rejected and the status

quo maintained.

Clause A (4) A person, shall, upon being enrolled, be issued with a

membership card bearing the person’s name, postal address, house

number, polling station and constituency or external branch in which

the person has been enrolled

Recommendation:

Proposed amendment is recommended for acceptance.

Clause A (5) A member shall be registered as belonging to any one

of the following three categories of membership:

Recommendation:

The Committee was of the view that the amendment gives more clarity to the

clause and therefore recommends its acceptance.

Clause A (5)(a) Founding Members are those persons who participated

in the birth of the Party by appending their signatures on the prescribed

forms and paying the prescribed fees in 1992.”

Recommendation:

Amendment recommended for acceptance with some modification to read as

follows:

Founding Members are persons who participated in the birth of the Party

by appending their signatures on the prescribed forms at the Electoral

Commission and paid the prescribed fees in 1992.

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Clause A (5)(b)(i) Patrons are Members who undertake to contribute

to the national, regional, constituency or Polling Station fund of the

Party for the support of the Party’s organization and such extra levies as

the Party may impose from time to time.

Recommendation:

The proposed amendment seeks to effectively address the gaps in the existing

clause. Its acceptance is recommended

Clause A (5)(b)(ii)

The Regions and Constituencies shall have their respective registers

of patrons who undertake to contribute to the regional, constituency

or [polling station] fund of the Party, as the case may be, for the

support of the Party’s organization, and such extra levies as may be

imposed from time to time

Recommendation:


clause. Its acceptance is recommended.

2. HON. MAXWELL KOFI JUMAH

There shall be kept at every Polling Station, offices of the Party at the

Constituency, Regional and National level and up-to-date Register

which shall be updated every month based on the following schedule

(he spelt out the time for updating, who to do the update so as to ensure that

the registers are not altered and remain sacrosanct)

Recommendation:

The two proposals which expressed similar views were synchronized by the

Committee to read as follows: The National Secretariat, Regional Secretariat, Constituencies and

polling stations shall have their respective registers of patrons who

undertake to contribute to the regional, constituency or polling station

fund of the Party, as the case may be, for the support of the Party’s

organization, and such extra levies as may be imposed from time to time

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PARLIAMENTARY GROUP

Clause A (5)(c) Ordinary Members

Persons who join the Party and are neither Founding Members nor Patrons shall

be described as Ordinary Members

Recommendation:

The Committee felt that the word “Ordinary” has negative connotation and

therefore the status should be maintained.

Clause A (6) The prescribed fees paid by Founding Members and the

contributions made or levies paid by Patrons shall be in addition to

whatever membership dues they may pay in the constituency in which they

are registered as Members.

Recommendation:


clause. Its acceptance is recommended.

B Donations

Clause B(1) Every Member shall be liable to pay such amount of

contributions, levies or dues and in such a manner as the Party may from

time to determine.

Recommendation:

The proposed amendment also serves the purpose of effectively addressing the

gaps in the existing clause, and its acceptance is recommended.

Clause B(2) Subject to the provisions of laws governing political parties,

any citizen or groups of citizens, who agree with the aims, objectives,

policies and programs of the Party, may make such donations to the Party.

Recommendation:

The proposed amendment addresses the ambiguity in the existing clause, and

its acceptance is recommended.

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C - Rights of a Member

Clause C (iii) is amended by inserting the emboldened words and

sub-clauses rearranged as follows:

A member shall have the right to:

iii. Contest for any position or office within the Party in accordance with rules

and regulations governing elections.

(iv) Subject to Article 55(8) [of the 1992 Constitution] the Party shall not

have as a Founding Member, patron, or member of its Executive a

member/person who is not qualified to be elected as a Member of

Parliament or to hold any other public office

(v) For the avoidance of doubt –

1. A Member shall be disqualified from holding any office or contesting any

election in the Party if he or she:

a) Owes allegiance to a country other than Ghana;

b) Is declared bankrupt under any law in Ghana;

c) Has been convicted and/or sentenced by a court of competent jurisdiction

in respect of any offence involving:

(i) high crime, high treason, treason or an offence involving the

security of the State, dishonesty, fraud or moral turpitude;

(ii) Any offence punishable by death or by a sentence of not less

than 10 years, unless a period of ten years has elapsed after the

serving of the sentence or he or she has been granted full pardon;

(iii) Any offence relating to public elections

d) Has been found by a report of a commission or committee of enquiry

to either be incompetent to hold public office or have acquired assets

unlawfully or defrauded the State or abused his office or acted against

the interest of the State.”

e) Is not qualified to be registered as a voter under any law relating to

public elections.

f) Suffers from mental disability or adjudged a criminal lunatic

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g) Is a chief or is a public servant belonging to any of the services listed

under Article 94(3)(b) of the 1992 Constitution

h) Is not in good standing. 2. A member shall be in good standing where he or she has paid in full and up

to date all dues, contributions or levies he or she is liable to pay as a Member

and has discharged all his or her duties as a Member.

3. A Member shall have the right to vote in any internal election of the

Party if he or she is a registered person to vote in any public election and

has been in good standing at least two (2) years before the conduct of that

election.

Recommendation:

The proposed amendments comprehensively fill the gaps in the existing clause

and clears any doubt or ambiguity. It is recommended for acceptance

D - Duties of a Member

Clause D(i) A member shall:

Promote and defend the good name of the Party

Recommendation:



clause be maintained.

Insert new clause after Clause D(vii) Register as a voter for the

purposes of public elections and referenda upon attaining the age of

18 years or above, subject to the Constitution of the Republic

Recommendation:

Recommended for acceptance except that the clause should be reformulated to

read as follows: Register as a voter for the purposes of public elections and

referenda in accordance with the Laws governing elections.

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Clause D(viii) - Amend by inserting the emboldened:

• PARLIAMENTARY GROUP /H.E DR. BARFOUR ADJEI-BARWUAH

Not initiate, commence or prosecute any legal proceedings whatsoever against

the Party or any other Member of the Party relating to Party affairs, without

first having exhausted the grievance procedure laid down in this Constitution

in respect of grievances against the Party or any Member and a member who

acts contrary to this automatically forfeits his or her membership

• CONSTITUTIONAL & LEGAL COMMITTEE

Not initiate, commence or prosecute any legal proceedings whatsoever against

the Party or any other Member of the Party relating to Party affairs, without

first having exhausted both grievance and disciplinary procedures laid down

in this Constitution in respect of grievances against the Party or any Member

Recommendation:

The Committee recommends the acceptance of the proposal by the

Constitutional & Legal Committee which clears any doubt or ambiguity.

The proposal by the Parliamentary Group which advocates for forfeiture of

membership is too draconian. Much as it is in the interest of the Party for

members to fully exhaust mechanisms laid down in the Constitution for

redress of grievances before litigation, the greater interest of the Party will

warrant that members who breach this provision do not lose their membership

automatically. The supreme object of the Party is to mobilise masses to win

elections. Such object is not protected by automatic forfeiture of membership.

Suspension or fines could be options for recalcitrant members. Additionally, the

strengthening of the internal grievance and disciplinary procedures as well

sustained sensitization of the rank and file to respect the Party’s traditions and

imposition of penalties for breaches will deter tendencies for litigation.

E Resignation of a Member

• PARLIAMENTARY GROUP

Clause 3(E) Resignation and Cessation of Membership

Recommendation:

The proposed amendment of the sub-heading has no bearing on the

provisions thereunder and its rejection is recommended.

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Clause 3(E)(1) Insert new clause: A member shall cease to be a

member of the Party if he breaches any relevant provisions of the

Constitution

Recommendation:

The committee felt that this clause was draconian in effect. Suspension or fines

could be options for errant members. Additionally, the strengthening of the

internal grievance and disciplinary procedures [as in Clause D(iii) as amended]

as well as sustained sensitization of the rank and file to respect the Party’s

traditions and penalties for breaches will deter tendencies for litigation and

misconduct. (This view is shared by NPP-USA)

Clause 3(E)(3) Insert new clause: Any member who ceases to be a

Member of the Party shall return to the Party any Party property in

his or her custody and shall forfeit any contribution, levies, dues, or

donations made to the Party

Recommendation:



F Suspension of a Member

Clause 3(F)(1) – Amend by repealing the sub-clause and replace with

the following: A Member whose conduct or activities are being

investigated by a Disciplinary Committee, shall while the case is

pending before the Committee, be suspended from membership of the

Party, or holding any office in the Party

Recommendation:

The proposal is accepted with modification in order to guarantee the member’s

the right of hearing before punishment is meted out to any individual who is a

subject of investigation. A member who is the subject of disciplinary

proceedings may be suspended from holding office upon recommendation

of the Disciplinary Committee to the relevant Executive Committee

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G Expulsion of a Member

Clause 3(G)(2) A Member who, accordingly ceases to be a Member shall

return to the Party any Party property in his or her custody and shall forfeit

any contributions, levies, dues, or donations made to the Party

Recommendation:



Clause 3(G)(3) A member who is expelled from the Party shall not

be readmitted as a Member unless a period of at least eight (8) years

has elapsed

Recommendation:

The relevant Executive Committee must be allowed to exercise some discretion

on the appropriate sanctions and not be tied down with fixed periods. It is

recommended that the proposed amendment is rejected and the status quo

maintained.

H Forfeiture of Membership

Clause 3(H)(1) A member of the Party who stands as an independent

candidate against the officially elected candidate of the Party or who joins

or declares his or her support for another political party, or for an

independent candidate when the Party sponsored a candidate in a general

or by-election automatically forfeits his or her memberships of the Party,

and shall not be reinstated until a period of at least ten (10) years has

elapsed since the date he contested as an independent candidate and

shall not be readmitted as a Member until a period of at least ten (10)

years has elapsed since the date when he or she contested as an

independent candidate or joined or declared support for another

political party .

Recommendation

The National Executive Committee must be allowed to exercise some discretion

on the appropriate sanctions and not be tied down with fixed periods. It is

recommended that the proposed amendment be rejected and the status quo

maintained.

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I - Register of Members

Clause 3(I)(1-3)

PARLIAMENTARY GROUP

1. There shall be kept at every polling station and in the constituency office

of the Party an up to date Register of Members of the Party in the

Constituency which shall be updated every six months and forwarded to

the National Secretariat through the respective Regional Secretariat

every two (2) years.

Recommendation:

It is recommended that the two year period for submission is too long. It

should be made yearly; the mode of transmission is good and same is

recommended.

2. The Regional Secretariats of the Party shall keep an up to date Register

of Founding Members and Patrons of the Party in its region an shall take

custody of the list of registered Members in all constituencies of the region

3. The National Secretariat shall keep a Register of all categories of

Member of the Party

HON. MAXWELL KOFI JUMAH

Proposes the repeal of the entire clause 3(I) and replace as follows:

1. A register of party members in every Polling station shall be kept at

the Polling Station;

2. The compilation of the said register should be done at the Polling

station

3. The register will be submitted to the Constituency Secretariat after

the Polling Station Executives have vetted and signed same to

certify the authenticity of each party member as contained in the

register

4. A composite Register of Polling Stations should be kept at the

Constituency, Regional and National Secretariats

5. The National Secretariat shall keep a register of all categories of

Members of the Party.”

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Recommendation

The proposals from the Parliamentary group and Hon. Kofi Jumah and virtually

the same and should be synchronized.

ARTICLE 4 – DISCIPLINARY AND GRIEVANCE PROCEDURES

Proponents: PARLIAMENTARY GROUP; CONSTITUTIONAL & LEGAL

COMMITTEE; H.E DR. BARFOUR ADJEI BARWUAH


Clause 4(1) The Amendment seeks to rearrange the entire Clause and

insert new sub-clauses as per the emboldened words:

Appointment of Disciplinary Committees

a) (i) Each Constituency shall have a Constituency Disciplinary Committee

which shall be appointed by the Constituency Executive Committee

(ii) The Constituency Disciplinary committee shall comprise not

less than (three) 3 and not more than five (5) Members, provided,

however, that where the Constituency Disciplinary Committee

consists of three (3) Members, at least one (1) shall be a woman, and

where there are five (5) Members, at least two (2) shall be women.

iii) A member of the Constituency Executive committee shall not

be a member of the Constituency Disciplinary Committee

Recommendation:

Amendment seeks to break up Article 4(1)(a) into three clauses,

thereby making it clearer and easier to read. It seeks also to amplify

the mandate of the Disciplinary committee and removes the likelihood

of conflict of interest on the part of a Constituency executive member.

Same is recommended for acceptance.

iv) The quorum for a meeting of the Constituency Disciplinary

Committee shall be 2 where the membership is 3 and 3 where the

membership is 5.

Recommendation:

It sets in definitive terms the quorum for meetings. Same is

recommended for acceptance

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v) The Constituency Disciplinary Committee shall not take more

3 weeks to investigate and adjudicate a case before it and shall

submit its report and conclusion to the Constituency Executive

Committee for implementation

Recommendation:

The proposed amendment introduces nothing new as the proposal is

covered by Article 4(5)(c). It is moot.

b) (i) Each Region shall have a Regional Disciplinary Committee which

shall be appointed by the Regional Executive Committee

ii) The Regional Disciplinary committee shall comprise not less than

3 and not more than 5 members, provided however that where the

Regional Disciplinary Committee consist of more than 3 members, at

least one of them shall be a woman, and where there are 5

members at least 2 shall be women

Recommendation:

Amendment seeks to break up Article 4(1)(a) into two clauses, thereby

making it clearer and easier to read. It is recommended that same be

accepted. It also promotes gender equity

iii) A member of the Regional Executive Committee shall not be a

member of the Regional Disciplinary committee

Recommendation:

Amendment seeks to strengthen the mandate of the Disciplinary

committee and removes the likelihood of conflict of interest on the

part of a Constituency executive member. Same is recommended for

acceptance.

iv) The quorum for a meeting of the Regional Disciplinary

Committee shall be 2 where the membership is 3, and 3 where

the membership is 5.

Recommendation:

It sets in definitive terms the quorum for meetings. Same is

recommended for acceptance

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v) The Regional Disciplinary Committee shall ordinarily not

spend more than 4 weeks in dealing with any matter before it and

shall submit a report together with their recommendations to the

Regional Executive for implementation or onward transmission

to the Constituency office for implementation

Recommendation:

The proposed amendment introduces nothing new as the proposal is

covered by Article 4(5)(c). The 4 week period will only delay

adjudication and the same should be rejected

c) (i) There shall be a National Disciplinary Committee which shall be one

of the Standing Committees of the National Council and shall be

composed as follows:

a. One (1) person appointed by the National Executive

Committee who shall be a woman.

b. Two (2) representatives of the Party’s Parliamentary

Group at least one of whom shall be a woman

c. One (1) representative of the National Council of Elders

d. One (1) representative of the Legal and Constitutional

Committee

e. One (1) representative of the Regional Chairpersons

f. One (1) person appointed by the National Chairperson

g. One (1) person appointed by the President where the

Party is in government or the Presidential candidate

where the Party is in opposition.

ii) At the first meeting of the National Disciplinary

Committee, the Chairman shall be elected from

among members by the members themselves

iii) At least five (5) Members of the Committee, including the

Chairperson, shall be present to constitute a valid

meeting of the Committee

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Recommendation

It is recommended that the proposed amendment be accepted with the following

modification:

• That the National Executive Committee should be given the free hand to

nominate any candidate they deem fit, irrespective of the gender;

• The National Chairperson should be given two (2) nominees instead of the

proposed one (1). It should be noted that the Chairman had three (3)

nominees in the existing Constitution.

This proposal and recommendation will bring the total number of the

Committee to nine (9) members instead of the current number eight (8)

Clause 4(3) Jurisdiction

a) The Constituency Disciplinary Committee shall have jurisdiction in all

matters affecting discipline within the constituency organisation except

that in matters of misconduct relating to elected Constituency

Officers the Constituency Executives shall refer same to the Regional

Disciplinary Committee

Recommendation:

The proposed amendment ensures checks and balances and clears any doubt or

ambiguity and is recommended for acceptance.

b) i. The Regional Disciplinary Committee shall have original jurisdiction in

all matters affecting discipline at the regional level with respect to the non-

elected Regional Executive Officers and other key members of the Party

in the Region, including Constituency Executive Officers, and

Constituency Patrons and Council of Elders as well as Founding

Members who reside in the Region.

ii. The Regional Executive Committee shall have jurisdiction to hear

appeals on the decisions of the constituency party members and their

decision on such appeals shall be final.

Recommendation:

All the groups mentioned in the proposed amendment are members of the Party

and should not be given special treatment. The same procedure for redress

should be available to Members irrespective of their position within the Party. It

is recommended that the proposal is rejected.

24

c) The National Disciplinary Committee shall have jurisdiction in all matters

affecting discipline at the National level with respect to National Executive

Officers and key Members of the Party including Members of Parliament,

Patrons at the national level, Founding Members, Standing Committee and

National Council Members as well as other Members who may be referred

to the National Disciplinary Committee by the National Executive

Committee

d) i. A member who breaches any provision in this constitution or whose

activities undermine the constitution shall have a complaint lodged against

him.

ii. A complaint against a member or office holder at the polling station

level or non-elected constituency officer shall be filed at the constituency

office

iii. A complaint against a non-elected Regional Executive Committee

Member, and elected Constituency Executive Officer, other than a Member

of Parliament, shall be in writing to the Regional Executive Committee.

iv. A complaint against an elected Member of the Regional Executive

Committee shall be made to the National Executive Committee and in case of the

National Executive Committee to the National Council.

v. Upon receipt of a complaint against a member, the Constituency,

Regional or National Executive Committee, as the case may be, shall within

five days submit the complaint to the appropriate Disciplinary Committee.

Recommendation

There appears to be over-segregation of members and special procedures for

certain class of members which is anti-democratic and discriminatory. Same

should be rejected.

Clause 4(6) Appeals

a) A Member aggrieved by or dissatisfied with a decision on misconduct of the

Constituency Executive Committee may, within seven (7) days of the receipt of

the notice of the recommendation, appeal against the recommendation to the

Regional Disciplinary Committee by filing an appeal in writing with the Regional

Secretary. The Regional Disciplinary Committee shall conclude its deliberations

on the appeal within fourteen (14) days from the date of receipt of the appeal

and submit its recommendations on the appeal to the Regional Executive

25

Committee for its decision and the decision on the appeal by the Regional

Executive Committee shall be final.

b) A member aggrieved by or dissatisfied with a decision of the Regional

Executive Committee may, within fourteen (14) days of the receipt of the notice

of the decision of the Regional Executive Committee, appeal against the decision

to the National Disciplinary Committee by filing an appeal in writing with the

General Secretary. The National Disciplinary Committee shall conclude its

deliberations on the appeal within twenty-one (21) days from the date of receipt

of the appeal and submit its recommendation on the appeal to the National

Executive Committee for its decision.

c) A member aggrieved by or dissatisfied with a decision of the National

Executive Committee may, within fourteen (14) days of the receipt of the notice

of the decision, appeal against it to the National Council by filing an appeal in

writing with the General Secretary. The National Council shall conclude its

deliberations on the appeal within fourteen (14) days of receipt of the appeal and

its decision shall be final and binding on all affected parties.

Recommendation:

The proposed amendments are draconian and would overburden Committees

and ultimately have negative effects on justice delivery. The status quo should

be maintained. Article 46(b) in the existing text should be amended to read as

follows: “A member aggrieved by the decision of ………Regional Executive

Committee” instead of “National”

4(7) Misconduct

a) A complaint shall involve an allegation that any of the following acts of

misconduct relates to a Member:

ii. Violent, dangerous or intimidating conduct against another member.

iv. Creation of discord or factionalism within the party.

Ix. Publicly supporting another political party, or a person other than

the member chosen by the party in any public election other than The

District Assembly election.

Recommendation:

The proposed amendment is adequately covered by the existing clauses and

appears superfluous and should be rejected

26

2. CONSTITUTIONAL & LEGAL COMMITTEE

Proposed Amendments:

4(1) (c) Insert “…appointed by that group”. To read

One representative of the Parliamentary Group appointed by that group

Rationale: To pre-empt the recurrence of future litigation

Recommendation

The proposed amendment clears any doubt or ambiguity and is recommended

for acceptance

4(3)(d) Delete the entire Clause

Recommendation

The Committee found that Article 4(5)(a) deals with the issue. It also contradicts

Article 4(5)(e) and recommends that the amendment by deletion/repeal of the

entire clause be accepted

4(5)( c) Amend last line to read “..by the Disciplinary Committee itself.”

Recommendation


for acceptance

4(7)(b) Clause to be amended to read as follows:

“Any conduct which has the effect of any of the above shall attract

sanctions including fines, suspension, expulsion from the Party or

disqualification from holding any office or position in the Party for a stated

period to be recommended by the relevant Disciplinary Committee subject

to such modifications as the Executive Committee may make.”

Recommendation


for acceptance.

27

➢ ARTICLE 5 – STRUCTURE AND ORGANISATION

Proponents: PARLIAMENTARY GROUP; FOUNDING MEMBERS OF NASARA;

NASARA GROUP, DOME-KWABENYA; FRRED AMANKWAA SARFO; CRITICAL

THINKERS INTERNATIONALESINYALE; PROF AGBESINYALE

1. FRED AMANKWAH-SARFO/

2. CRITICAL THINKERS INTERNATIONAL

5(2)(a) Insert the emboldened:

The Party shall be based on Polling Station, Constituency, Regional, External

and National Organisations

Recommendation

The Committee recommends the acceptance of proposed amendment as it fills a

gap in the existing clause

5(2)(b) Amend the composition of the Polling Station Executive to include

the following:

i. Chairperson

ii. First Vice Chairperson

iii. Second Vice Chairperson

iv. Polling Station Secretary

v. Deputy Polling Station Secretary

vi. Polling Station Treasurer

vii. Deputy Polling Station Treasurer

viii. Polling Station Organiser

ix. Deputy Station Organiser

x. Polling Station Youth Organiser

xi. Deputy Polling Station Youth Organiser

xii. Polling Station Women Organiser

xiii. Deputy Polling Station Women Organiser

xiv. Polling Station Nasara Coordinator

xv. Deputy Station Nasara Coordinator

xvi. Polling Station Communications Officer

xvii. Deputy Polling Station Communications Officer

xviii. Polling Station Research Officer

xix. Deputy Polling Station Research Officer

He further proposes an expanded Executive at the Regional and National levels

(Refer to Articles 6 and 7)

28

Recommendation:

1. The expansion is not necessary at this stage. The Constituencies should

evolve their own mechanisms to complement the efforts of the Polling station

executives; It is expensive, could be unwieldy and lend itself to infiltration by

non-party members and same should be rejected

PROF AGBESINYALE

Advocates for the creation of a focal person at the community levels to

complement the work of the Polling Station executive

Recommendation:

The creation of parallel structures will engender friction and petty rivalry.

The Polling Station and Electoral Area Coordinators adequately cover the

communities. It is recommended that the proposal be rejected.

➢ ARTICLE 6 – CONSTITUENCY ORGANISATION

Proponents: PARLIAMENTARY GROUP, CONSTITUTIONAL MAXWELL KOFI

JUMAH, EUGENE BOAKYE ANTWI, NPP-USA,

PARLIAMENTARY GROUP

Clause 1

There shall be, in every parliamentary constituency of Ghana, a branch of the

Party consisting of all the Members who have enrolled in the various polling

stations in the Constituency. The basic unit of the organisation of the

Constituency shall be the Polling Station area.

Recommendation:

The existing clause is more concise and well defined. There is no need for

amendment. It is recommended that same is rejected.

The proposed amendment numbered 2(a)

29

Clause 2(a) and (b)

a) There shall be a Polling Station Executive of five (5) Members comprising

Chairman, Secretary Organiser, Youth Organiser and Women Organiser

whose duties shall be to

i. act as polling agents when appropriate;

ii. be responsible for house to house campaigns;

iii. act as agent during voter registration and cleaning of the voter register;

and

iv. perform any other function that would be assigned them by a Constituency

Executive.

b) The polling Station Executive Committee member shall be appointed

by the Parliamentary candidate upon his election in the primaries

conducted at the relevant constituency annual delegates conference.

Recommendation

The proposed amendment should be captured under Article 5 instead of Article

6, an obvious mistake. Indeed article 5 is well defined and needs not amendment

Clause (b) is arbitrary, undemocratic, and will amount to taking the voting rights

of the grassroot by the elites. It is alien to the Party’s tradition.

3.xvii. N.P.P Parliamentarians or Parliamentary Candidate for the

Constituency.

Recommendation

The amendment is not necessary as the Constitution is about the Party and

its members. The choice of words is more apt in the existing clause

30

b) the Metropolitan, Municipal and District Chief Executive appointed

by the President when the NPP is in government and who superintend the

constituency may attend Constituency Executive Committee meetings as

an Ex- officio member whether as incumbent or former Chief Executives.

Recommendation

The substance of the amendment is accepted. However the wording in the

existing clause is more in tune with the general style of the Constitution and

should be maintained. It is suggested that the existing that former MPs should

be included.

c) Nine (9) Members of the Constituency Executive Committee, including at

least three elected Persons shall constitute a quorum of the Committee. The

elected persons for the purposes of the quorum shall include the Chairperson or

one of the Vice Chairpersons.

Recommendation

The proposed amendment is not different in content and substance from the

existing clause. The diction in the existing clause is preferred and the

amendment should be rejected.

Clause 3 (d) Who shall be chosen by the Parliamentary candidate

within one month after he has been elected at a Constituency Annual

Delegates Conference from within which the membership of the

constituency party.

Recommendation:

It is a stand alone and not in reference to any clause. Be that as it may, it is

undemocratic, alien to the Party’s tradition, and if granted it will take away the

rights of the rank and file of the Party and same should be jettisoned.

Clause 3 (e) All appointments shall be made to reflect the diversity and the

national character of the Party in the Constituency.

Recommendation:

It is already captured in the existing clause. The amendment is not necessary

and should be rejected

31

4. a) They shall ordinarily hold office except that where the candidate is

unable to win the executive members shall within three months submit a

written report about the Performance of the Party in the immediately held

presidential and general election and hand-over the administration of the

Party to the 3-member staff of the Party Secretariat comprising the

Administrator Research Officer and until such time that a Parliamentary

Candidate shall be elected.

5. a) Within fourteen (14) days of their appointment, the chosen

Constituency Officers and the Member of Parliament or Parliamentary Candidate

shall appoint the Officers who are specified to be appointed under clause (3) of

this Article.

6. c) The remuneration, terms and conditions of service of the Constituency

Secretary and other personnel of the Constituency office shall be determined by

the Parliamentary Candidate in consultation with Constituency Executive

Committee.

7. a) The Constituency Chairperson shall be the head of the Party in the

Constituency and the Member of Parliament or in his absence the Parliamentary

Candidate or in their absence the convener of meetings of the Constituency

Executive Committee.

c) In the absence of the Constituency Chairperson, the 1st Constituency Vice

Chairperson shall act in his or her place and in the absence of the two, the

2nd Constituency Vice Chairperson shall act.

Recommendation:

The proposals as enunciated in 4(a) to 7(c) above is a clear usurpation of the

Party structure by the MPs. The operation and functioning of the Constituency

Party should and must remain in the hands of the Constituency Executive.

Giving the power to the Parliamentary candidate to appoint a polling station

executive would amount to over-concentration of power in one person, it is

undemocratic, an anathema to good governance and same should be rejected.

9. The Constituency Executive Committee shall be responsible for overseeing

the operations of the Party within the constituency and the implementation of

its programs for promoting social and political awareness and general political

education within the constituency, for recruiting Members into the Party and for

mobilising support for the Party before, during and after elections.

32

Recommendation:

The insertion is only semantics and a hackneyed expression and should be

accepted.

11. A constituency officer shall cease to be such officer if:

iii. by reason of death, bodily or mental infirmity, or is incapable of carrying

out his or her duties and responsibilities as a Constituency officer.

Recommendation:

It is recommended that the amendment be accepted

iv. he or she ceases to be a member or is expelled from the party.

Recommendation:

The insertion is verbose and makes no substantial change, and same should be

rejected

v. he or she absents himself for six successive meetings without any just

cause or persistently from meetings of the Constituency Executive Committee of

which he or she is given notice, provided that no Constituency Executive shall

cease to be such an officer for this reason without:

Recommendation:


12. A Constituency Officer who ceases to be such officer by reason of

absenteeism shall nevertheless continue to be a Member of the Party and shall

be entitled to offer himself or herself for re-election to membership of the

Constituency Executive Committee at any subsequent Constituency Annual

Delegates Conference.

Recommendation:


16. b) Constituency Executive Committee shall appoint, on rotational basis

a member from amongst them to supervise, Polling Station activities.

33

Recommendation:

The existing clause is more practical than the proposed amendment and same

should be rejected.

17. a) Every Constituency Executive Committee shall convene an

Extraordinary Constituency Delegates Conference when required to select the

Parliamentary Candidate for the Constituency.

b) The delegates for the Extraordinary Delegates Conference shall be the same

as the Delegates for the constituency Annual Delegates Conference, this is, all

the registered members of the party in good standing for at least two years

before the conduct of the election.

Recommendation:

It is consistent with Article 3 (B) supra and recommended for acceptance. Again

the breakup of the clause makes it simpler and more comprehensible.

• HON. EUGENE BOAKYE ANTWI

Article 6(2) – The proposed amendment lacks clarity. It appears to

rearrange what is already captured in the existing clause. The MP as a

member of the Constituency Executive Committee is not the leader or chair

of the Committee and should be seen as such. The Committee

recommends the rejection of the proposal

6(2)(b) The proposal would create and unwieldy and nebulous situation,

it is unsustainable and same should be rejected.

Article 6(7) – The proposed amendment will create more mischief than it

seeks to cure and the status quo should therefore be maintained.

• MAXWELL KOFI JUMAH

Article 6(2)(xvi) – The sitting Parliamentarian or elected Parliamentary

candidate for the constituency, sitting MMDCEs, ex-MPs, ex-MMDCEs

shall be members of the Constituency Executive Committee and may

attend Constituency Executive Committee meetings

Chairperson of Council of elders one representative of the Patrons elected

among them shall represent them

A representative of the Founding members chosen among them by

consensus shall be ex-officio members

34

Recommendation:

The Committee recommends that Ex-MPs, Ex-MMDCEs can attend meetings as

ex-officio members. To that extent the proposal by Hon. Maxwell Kofi Jumah is

accepted in part.

Article 6(3)

• EFO PHILIPO NYAHO DATTI

Proposal: Article 6(3) should be amended to ensure that the

selection of the leaders of the special organs (women, youth and

Nasara) at the constituency level should be in conformity with what

pertains at the national level

• CONSTITUTIONAL AND LEGAL COMMITTEE

Article 6(7)(a) –

The Committee recommends the acceptance of the proposal for amendment and

suggests the following modifications:

Amend to include: “…Apart from the Chairman, a written resolution of one

third of the total members of the Constituency Executive Committee

(CEC) should be sufficient to compel the convening of a meeting.

The 1st Vice-Chairman shall in the absence of the Chairman preside over

meetings of the CEC

• NPP-USA

Proposal: Constituency Chairmen should not be allowed to resign and

contest Parliamentary primaries

Recommendation: The situation has been dealt with by the National

Council Resolution

34

➢ ARTICLE 7 – REGIONAL ORGANISATION

1. Each Region shall have a Regional Executive Committee, which shall

consist of the:

xv. The Leader of the Region’s Parliamentary Group; and the Regional

Minister when the Party is in government, shall be ex-officio members of the

Regional Executive Committee.

Recommendation:

There is sufficient provision in the existing constitution and the amendment is

superfluous and same should be rejected.

2. a) The Regional Officers shall be elected at a meeting convened for that

purpose by the Members of Parliament in the Region, five members of

the region’s Council of Patrons and the Founding Members of the Party

in the Region.

Recommendation:

The thrust of these proposals is the election of Regional Executives by the

Parliamentarians in the respective Regions. The Committee considers these

amendments to be against the tenets of democracy, participatory politics and the

philosophy of the Party. The Committee therefore recommends the rejection of

these proposals.

Clause 3 a) No Member shall be proposed for nomination as a

Regional Officer unless such a Member is a known and active Member

for at least three (3) years.

b) No Member shall be eligible to contest an election or to be appointed to

the position of a Regional Officer if such a person is an incumbent

Constituency or National Officer, Metropolitan, Municipal or District Chief

Executive, Member of Parliament, Minister or Deputy Minister of State.

Recommendation

The existing clause is clear and unambiguous and does not need an amendment.

35

4(b) Within fourteen(14) days of appointment of the Regional Officers, the

Regional Executive Committee shall on the advice of the Region’s

Parliamentary Group and the Regional Council of Patrons appoint

Members of the Regional Disciplinary Committee, the Regional Finance

Committee, ten (10) Members each on the Council of Elders and Council

of Patrons.

Recommendation

That would amount to a usurpation of power from the Regional Executive

committee and should be rejected.

4(d) The remuneration, terms and conditions of service of the Regional

Secretary and other personnel of the Regional Secretariat shall be

determined by the Regional Council.

Recommendation



6(a) The Regional Chairperson shall be the executive head of the Party in

his or her Region and the convener of meetings of the Regional Executive

Committee, the Regional Council and the Regional Delegates

Conference, and shall preside over such meetings.

6(b)The Regional Chairperson shall be a Member of the National Council.

Recommendation



c) In the absence of the Regional Chairperson the 1st Regional Vice

Chairperson shall act in his or her place and in the absence of the Regional

Chairperson and 1st Vice Chairperson, the 2nd Vice Chairperson shall act.

Recommendation

The proposal is recommended for acceptance.

36

7. The Regional Executive Committee shall meet, at least, once every

month and shall present quarterly reports on the operations and activities

of the Party in the Region to the Regional Council which shall adopt it

subject to the necessary modifications and transmit it to the National

Executive Committee. The presence of at least one-third (1/3) of the

Members of the Regional Executive Committee shall be necessary to

constitute a quorum of the Committee.

Recommendation:

The establishment of the Regional Council has not been recommended for

acceptance. The National Executive Council therefore should be the body to

receive reports from the REC.

10. A Regional Officer shall cease to be such officer if:

c) by reason of death, bodily or mental infirmity or is incapable of carrying

out his or her responsibilities as a Regional Officer.

d) he or she ceases to be a member for engaging in specified acts

prohibited under Article 3 of this constitution or is expelled from the Party.

Recommendation:


e) without just cause, he or she absents himself or herself consecutively for a

period of 5 meetings without any just cause or persistently from meetings of

the Regional Executive Committee of which he or she is given notice, provided

that no Regional Officer shall cease to be such Officer for this reason without:

Recommendation:


37

REGIONAL COUNCIL

There shall be a Regional Council of the party which shall comprise:

a) The Members of the Regional Executive Committee

b) The Regional Members of Parliament

c) The Chairman of all the Constituencies in the Region

d) The Founding Members of the Party in the Region

e) The Council of Elders of the Party in the Region.

f) Five representatives of the Council of Patrons in the Region

Recommendation:

This would be a parallel structure which may end up undermining the

existing structures and same should be rejected.

• PATRICK ACHEAMPONG

The proposals of the member on article 7(2)(a) is the same as the existing

clause in substance. The words all other Regional Officers can be added to

the clause. It is therefore recommended for acceptance.


Article 7(6)(a) – The proposal of the Committee is recommended for acceptance,

in order to prevent a potential hijacking of the Party by a few individuals. It was

however recommended that a resolution of one-third of the members of the

Regional Executive Committee (REC) should be sufficient to call a meeting.

• EFO PHILIPO NYAHO DATTI

Proposal: Article 7(2) should be amended to ensure that the

selection of the leaders of the special organs (women, youth and

Nasara) at the regional level should be in conformity with what

pertains at the national level

38

➢ Article 8 – EXTERNAL BRANCHES

• NPP – USA BRANCH

Proposal for representation of External Branches on National Council

and National Executive Committee –

Recommendation:

The proposal will create a lot of practical difficulties. The Committee is of the

view that the status quo be maintained.

➢ ARTICLE 9 NATIONAL ORGANISATION

• Proponents: PARLIAMENTARY GROUP; FORUM FOR NPP FORMER;

TREASURER, MANHYIA NORTH, PATRICK ACHEAMPONG

C. NATIONAL EXECUTIVE COMMITTEE

• PARLIAMENTARY GROUP

There shall be a National Executive Committee, the Members of which

shall be from all the Regions of Ghana.

Recommendation

The NEC membership includes Regional Chairmen and therefore the proposal is

not necessary and should be rejected

• NPP-USA

Insert a new clause – THE LEADER OF THE PARTY (see Article 12)

F. General Secretary

iii. The remuneration, terms and conditions of service of the General Secretary

and other personnel of the National Secretariat shall be determined by the National

Chairperson with the approval of the National Executive Committee.

39

G. National Treasurer

ii. The National Treasurer shall be responsible to the Finance Committee and

shall make a monthly report on the s tate of the P ar ty’s F in an ces to the

F in ance

Committee.

I. Steering Committee of the National Executive Committee

2. a) The steering Committee shall consist of the following Members:

iii. Presidential Candidate/President.

(No amendments were proposed in respect of the above)


Article 9(B)(5) – Standing Committees to present reports to National

Council every six months.

Recommendation:

Proposal is recommended for acceptance.

Article 9(B)(5)(a)(ii) – To prevent one person from holding the Party to

ransom,

Recommendation:

The Committee recommends the acceptance of the proposed amendment.

Article 9(C)(2)(i) – Proposal seeks to fill a lacuna by including past

presidential candidates in the composition of National Executive

Committee (NEC).

Recommendation

The Committee recommends the acceptance of the proposed amendment.

40

New Article 9(D)(iii) – The Constitutional and Legal Committee’s proposal

for the insertion of a new Article 9(D)(iii) is recommended for acceptance,

in order to prevent a potential hijacking of the Party by a few individuals.

It is however recommended that a resolution of one-third of the members

of the National Delegates Conference, National Council, National Executive

Committee (NEC) or the Steering Committee, as the case may be, should

be sufficient to call a meeting.

It is further recommended that there be a further amendment of the old Article

9(D)(iii) to read:

“In the absence of the National Chairperson the 1st National Vice-

Chairperson shall act in his or her place. In the absence of the 1st Vice the

2nd Vice Chairperson shall act

• PATRICK ACHEAMPONG

The proposal of the member on article 9(C)(3) is the same as the existing clause

in substance. The words whose position are elective are superfluous as the

officers are elected and therefore their positions are elective.

Recommendation

It is recommended that the proposal be rejected.

• TREASURER, MANHYIA NORTH

Article 9(F) – The position of the Deputy General Secretary should be

appointed by the National Council

Recommendation:

No compelling reason was advanced for an alteration of the current provision.

The Committee recommends that the current provision be maintained.

• FORUM FOR NPP FORMER MMDCEs

Proposal: Former MMDCEs should be given the power to vote at the

Annual Delegates Conference. They should be given some recognition

41

Recommendation:

They are trusted and known party people who have served the Party and have

a lot to offer and therefore should not be left in the cold. It is recommended

that the proposed amendment be accepted.

• NPP-

USA

Proposal to enlarge the Electoral College to make it ONE MAN ONE VOTE

Recommendation:

It is not workable. Election would be unwieldy as it will be difficult if not

impossible to ascertain who the true members of the Party are.

Proposal: Appointment of Director of IT

Recommendation: This is catered for under Article 9F(ii) – It is part of the

National Secretariat appointed by NEC

➢ ARTICLE 10 – REMOVAL OF OFFICERS

CONSTITUTIONAL AND LEGAL COMMITTEE

Insert new Article 10(7) as follows: The provisions of this article 10 are

without prejudice to the sanctions that may be imposed on an elected

officer pursuant to disciplinary proceedings against that officer

Recommendation:

The proposed amendment plugs any loophole that would allow a member to

evade sanctions in disciplinary proceedings against him. It is recommended that

it be accepted.

42

➢ ARTICLE 11 – SELECTION OF

PARLIAMENTARY CANDIDATES

PARLIAMENTARY GROUP

Article 11(2)(a) - Proposed amendment bring clarity to the provision. It is

recommended that same be accepted.

EUGENE BOAKYE ANTWI

Article 11(6) – Insert - Proposal to the effect that the Member of Parliament shall

be the executive head of the Party in the Constituency seems to be against the

philosophy of the Party and the tenets of good governance and democracy. In an

event where the Party is in power such a proposal has the tendency to cripple

the administration of the govt. The Committee recommends for same to be

rejected.

Further proposal for the resignation of Ministers, Deputy Ministers and

MMDCEs who intend to contest parliamentary seats was modified by the

Committee thus:

“Any MMDCE who intends to contest where we have sitting MPs should resign

before filing his nomination. This provision does not apply where the sitting MP

will not contest again”

ARTICLE 12 – ELECTION OF PRESIDENTIAL CANDIDATE

• NPP-USA

Insert 12 A: The Presidential Candidate shall be the Flagbearer and

Leader of the Party

Recommendation:

The Committee shares the view of the Proponent that this arrangement has

operated by convention over the years and therefore the need to make it

constitutional. It is therefore recommended for acceptance.

43

➢ ARTICLE 13 – THE PARLIAMENTARY GROUP

No substantial amendment was proposed. The status quo should be maintained.

➢ ARTICLE 14 – SPECIAL ORGANS OF THE PARTY

Proponents:

NASARA GROUP, DOME-KWABENYA

FRED AMANKWA SARFO

EFO PHILIPO NYAHO DATTI

Proposal: NASARA shall be made a Special Organ of the Party like the

Women and Youth Wings

Recommendation:

The rationale for seeking amendment of article 14 is cogent. It is recommended

that Nasara be specifically identified as a special organ of the Party.(Ref to

Article 14(1)(c). Provisions on Nasara should be similar to those of the other

special organs.

• FOUNDING MEMBERS OF NASARA

Proposal: Founding members of Nasara should be given voting rights

during the national election

Recommendation:

It will open the floodgate for other groups to make similar demands.

• NEW PATRIOTIC YOUTH WITH CONVICTION OF PRINCIPLES

• FOUNDATION OF TRUTH

Proposal: Advocates for the expansion of the Electoral College for

Women, Youth and Nasara Organs to cover all delegates present.

Recommendation

It is recommended that like the other special organs, Nasara Coodinator should

have two (2) Deputies

44

➢ ARTICLE 15 – COUNCIL OF ELDERS

DR. ADJEI BARWUAH

The Committee observed that Dr. Adjei Barwuah’s write-up on article 15

consisted of a general exhortation rather than specific proposals for amendment.

Concerned about the breakdown of discipline in the Party he advocates as

follows:

1. Selection of candidates to run for public office – Politics should not be an

avenue for exploitation; it is a calling for nation-building

2. Mobilisation of voters should be on a sustained basis

3. Facilitation for respectable governance

4. Monitoring the governing party when in opposition

5. The Administration/Government should be backed by a strong, well-

structured and disciplined Party

➢ ARTICLES 16 AUDITORS

NPP-USA

Proposal: Establishment of Audit Committee.

Recommendation:

The Party has adequate internal financial controls and also has external

auditors. It is recommended that the proposal be rejected.

17 AND 18

No proposals for amendment were received.

Conclusion

It is hoped that the Extraordinary Delegates Conference will vote to adopt

amendments which will ensure cohesion within the Party, enhance efficiency of

the functioning of relevant organs of the Party, reduce the risk of controversies

and/or litigation as well as make the provisions generally tidy.

recommendations to the proposed...

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