High Court clears NDC to enforce six-month resignation rule for appointees vying for national executives position

The High Court in Accra has dismissed a legal challenge seeking to block the National Democratic Congress (NDC) from implementing its directive requiring certain government appointees to resign before contesting the party's internal elections.

The ruling, delivered on July 23 by Justice Sedina Agbamava of the General Jurisdiction Division 8, allows the governing party to proceed with the enforcement of the guideline approved by its National Executive Committee (NEC) for the 2026 internal elections.

With the court's decision, government appointees who intend to contest for regional or national executive positions within the NDC will be expected to vacate their offices at least six clear months before filing their nominations.

The policy affects Ministers, Deputy Ministers, Chief Executive Officers (CEOs), Managing Directors (MDs), their deputies, Metropolitan, Municipal and District Chief Executives (MMDCEs), as well as other public office holders occupying similar positions through presidential appointment.

The guideline was announced by the NDC's General Secretary, Fifi Fiavi Kwetey, on January 29, 2026, as part of measures aimed at ensuring fairness during the party's internal electoral process.

According to the party, the directive is intended to prevent incumbents from using the influence and resources associated with public office to gain an unfair advantage over other contestants.

The resignation requirement was introduced under Article 54 of the NDC Constitution, which empowers the party to establish rules governing its internal elections.

However, the directive does not apply to chairpersons and members of governing boards or individuals serving in equivalent board positions, who are exempt from the mandatory resignation requirement.

The lawsuit sought to stop the NDC from enforcing the policy ahead of the party's internal elections, but the High Court's dismissal of the case removes that legal hurdle.

The NDC is expected to hold its National Congress on December 19, 2026, while nominations for aspirants seeking various party positions are expected to close on November 9, 2026.

The court's decision means all affected appointees who wish to participate in the upcoming internal elections must now comply with the six-month resignation rule as part of the party's eligibility requirements.