An Accra High Court has dismissed a suit seeking to restrain the National Democratic Congress (NDC) from enforcing a directive requiring certain presidential appointees to resign from their positions before contesting the party’s internal elections.
The decision by the General Jurisdiction Division 8 of the High Court, presided over by Justice Sedina Agbamava on July 23, effectively clears the path for the NDC to implement its 2026 internal election guidelines approved by the party’s National Executive Committee (NEC).
The ruling means Ministers, Deputy Ministers, Chief Executive Officers (CEOs), Managing Directors (MDs), their deputies, Metropolitan, Municipal and District Chief Executives (MMDCEs), and persons occupying equivalent public offices who intend to contest for party positions will be required to step down at least six clear months before filing their nominations.
The six-month resignation requirement was announced by the NDC General Secretary, Fifi Fiavi Kwetey, on January 29, 2026, as part of measures to ensure fairness and equal opportunity in the party’s internal electoral process.
Announcing the guideline, Mr Kwetey said:
“Any person seeking to contest for a party position who currently holds an office to which he or she was appointed by the President or government must resign from that office at least six clear months before filing nomination claims.”
He explained that the directive, introduced pursuant to Article 54 of the NDC Constitution, was intended to create a level playing field by preventing incumbents from using the advantages of public office to gain an unfair edge over other contestants.
The directive, however, exempts chairpersons and members of governing boards, as well as persons occupying analogous board positions, meaning board appointments alone do not attract the mandatory resignation requirement.
The legal challenge had sought to prevent the party from implementing the policy ahead of its internal elections, but the High Court’s decision removes that obstacle and allows the NDC to proceed with the guidelines.
The party is expected to hold its National Congress on December 19, 2026, while nominations for the internal elections are scheduled to close on November 9, 2026.
With the court’s decision, affected government appointees who intend to seek regional or national executive positions within the governing party will now be expected to comply with the six-month resignation rule as part of the eligibility requirements for contesting the elections.
