The New Patriotic Party’s (NPP) Constitutional and Legal Affairs Committee has ruled that the party’s United States branch must comply with the NPP constitution, weeks after the national leadership ordered the branch to suspend all election-related activities.

The ruling follows a dispute between the NPP’s national leadership and the NPP-USA branch over the conduct of internal elections in external branches.

In a letter dated May 31 and signed by General Secretary Justin Frimpong Kodua, the party directed the USA branch to halt all election activities after receiving a memorandum challenging aspects of election guidelines approved by the National Council and National Executive Committee (NEC).

The matter was subsequently referred to the Constitutional and Legal Affairs Committee for review and advice.

In its legal opinion dated June 8, the committee rejected claims that the NPP-USA branch could rely on its own bylaws to override directives issued by the party’s national organs.

“The Constitution of the NPP is the highest governing instrument of the Party and binds every member, officer, committee, organ, constituency, region and external branch,” the committee said.

It ruled that the NPP-USA branch derives its authority solely from the party constitution and cannot function as an independent or parallel organisation outside the authority of the national party.

The committee further held that any branch bylaw inconsistent with the NPP constitution is “void and unenforceable.”

Among the issues considered were voting eligibility requirements, qualifications for contesting party office and the authority of national organs to regulate elections in external branches.

The committee rejected attempts by the USA branch to reduce the constitutional requirement that members be in good standing for at least two years before being eligible to vote in party elections.

It also ruled that a four-year good-standing requirement imposed by the branch on prospective candidates was inconsistent with constitutional provisions prescribing a minimum of two years.

The opinion affirmed that the National Council and NEC possess constitutional authority to issue binding election regulations applicable to all external branches and that no branch may selectively comply with such directives.

While acknowledging that NPP-USA Inc. must operate in accordance with United States and New York corporate laws, the committee said those obligations do not exempt the branch from compliance with the NPP constitution.

The committee advised the branch to pursue any proposed constitutional changes through the party’s established amendment processes rather than through branch bylaws.

LEGAL OPINION NPP_USA