Legal practitioner and public affairs commentator Austin Kwabena Brako-Powers has stated that Kojo Bamba's conviction does not automatically bar him from contesting or being elected to an executive position within the opposition New Patriotic Party (NPP). According to Brako-Powers, the relevant question is whether Bamba was convicted and if the conviction falls within the category of convictions that legally disqualify a person from holding certain public offices.
Brako-Powers made these comments on TV3's Big Issues on Tuesday, October 6, 2026, during a discussion on Bamba's eligibility to contest an internal NPP election. He stressed that a conviction does not automatically bar a person from contesting an internal political party election. Brako-Powers emphasized that no law prevents Kojo Bamba from being elected, and the focus should be on whether his conviction meets the criteria for disqualification.
Article 94(2)(c) of the 1992 Constitution sets out circumstances in which a person who has previously been convicted is disqualified from being elected as President or a Member of Parliament. The constitutional restriction applies to convictions for specified offences, including high crime, treason, high treason, fraud or an offence relating to an election, as well as other offences for which the person has been sentenced to a term of 10 years or more.
Brako-Powers noted that Kojo Bamba was convicted and fined, rather than sentenced to a term of imprisonment of 10 years or more. In his view, the conviction does not trigger the constitutional disqualification under Article 94(2)(c). This distinction is crucial in determining Bamba's eligibility for internal party elections versus elections to constitutional public office.
Brako-Powers distinguished between eligibility to contest an internal party election and eligibility to serve in constitutional public office. He argued that the restrictions under Article 94(2)(c) concern elections to Parliament and the presidency and do not automatically extend to elections within a political party. This differentiation is essential in understanding the implications of Bamba's conviction.
Article 55 of the Constitution requires political parties to conduct their affairs in a manner consistent with constitutional principles and the promotion of constitutional democracy. However, Brako-Powers does not believe Bamba's election to a party position would, by itself, undermine that constitutional requirement. He urged the NPP to focus on its broader political objectives, particularly as it prepares for the 2028 general elections.
Brako-Powers urged the NPP not to allow the controversy surrounding Bamba's conviction to distract the party from its goals. "The New Patriotic Party should not be distracted by discussions about Bamba. They should forge forward and work on their message ahead of the 2028 elections," he said. This advice aims to help the NPP stay focused on its political objectives.
Key points
- Kojo Bamba's conviction does not automatically disqualify him from contesting an internal NPP election.
- The constitutional restrictions on eligibility to contest elections to Parliament and the presidency do not automatically apply to internal party elections.
- Brako-Powers urged the NPP to focus on its broader political objectives ahead of the 2028 general elections.
