Legal practitioner and public affairs commentator Austin Kwabena Brako-Powers has weighed in on the controversy surrounding Kojo Bamba's election as First National Vice Chairman of the New Patriotic Party (NPP). According to Brako-Powers, Bamba's previous conviction does not disqualify him from contesting the NPP's internal elections. This is because the conviction was not for an offence that attracts disqualification under the applicable rules.
Brako-Powers explained that the legal question is not simply whether Bamba had been convicted, but what offence he was convicted of and whether that offence falls within the category of offences that could trigger disqualification. He noted that Bamba's conviction arose from the 2017 incident involving members of the Delta Force at the Ashanti Regional Coordinating Council. The members were prosecuted and convicted in connection with offences arising from that incident.
The controversy surrounding Bamba's election has generated significant debate, with critics arguing that his previous conviction should have prevented him from contesting for an executive position in the party. However, Brako-Powers rejected this argument, stating that the conviction must be examined based on the actual offence for which Bamba was convicted rather than the political circumstances surrounding the case.
According to Brako-Powers, Bamba's offence did not amount to fraud, dishonesty, moral turpitude, high treason or an offence involving the security of the State. He therefore cautioned against describing Bamba simply as an "ex-convict" and concluding from that description alone that he was ineligible to contest the NPP election. In his view, a conviction is not automatically synonymous with disqualification.
Brako-Powers distinguished eligibility for an internal political-party position from eligibility to contest a public office regulated directly by the 1992 Constitution. He pointed to Article 94(2)(c), which sets out specific circumstances in which a person may be disqualified from being elected as a Member of Parliament. He emphasized that those constitutional restrictions should not be automatically extended to an internal NPP election.
The NPP's own constitution must instead be examined to determine whether a particular conviction falls within any category that bars a member from holding an executive position in the party. Brako-Powers maintained that, on the facts of Bamba's conviction, there was no legal basis for treating the conviction as one of the offences contemplated by the relevant disqualification provisions.
Ultimately, Brako-Powers argued that the controversy should be resolved by reference to the actual conviction and the precise wording of the NPP Constitution, rather than by the mere label of "convict." His comments provide a nuanced understanding of the legal issues surrounding Bamba's election and the NPP's internal processes.
Key points
- Kojo Bamba's conviction does not disqualify him from contesting the NPP's internal elections.
- The offence for which Bamba was convicted does not attract disqualification under the applicable rules.
- The NPP's constitution, not the 1992 Constitution, should be used to determine eligibility for internal party positions.
