Kwaku Azar drags NPP to court over ₵4m ‘development fee’
Professor Stephen Kwaku Asare, widely known as Kwaku Azar, has taken legal action against the New Patriotic Party (NPP) over what he describes as an unconstitutional and exclusionary “development fee.” The NPP, in preparation for its January 31, 2026 presidential primaries, has announced a GHS4 million charge on top of existing nomination (₵100,000) and filing (₵500,000) fees for aspirants.
This additional fee has sparked controversy, with critics arguing it serves as a financial barrier that stifles internal democracy and restricts participation to only the wealthy elite.
The legal challenge: A matter of constitutional rights
Kwaku Azar, a D&D Fellow on Public Law and Justice at CDD-Ghana and law professor at the University of Florida, has filed a suit questioning the legality and constitutionality of the fee. His primary contention is that the GHS4 million charge is not linked to administrative expenses and therefore serves no legitimate electoral purpose.
He argues that:
- The fee violates Article 55(5) of Ghana’s 1992 Constitution, which demands that political parties operate under democratic principles.
- It contravenes Article 296, which prohibits the arbitrary or capricious use of discretionary power.
- It undermines Article 55(2), which guarantees citizens the right to participate in political activities without discrimination.
“A wealth-based barrier” to leadership
In his court filings, Prof. Azar describes the development fee as a “wealth-based barrier” that serves to “eliminate” rather than develop candidates.
“My Lords, this GHS 4 million fee is not party development; it is candidate elimination,” he wrote.
“It is an economic filter designed to predetermine leadership pools in a way that violates Article 55(5) and offends Article 296 of our Constitution.”
He insists that leadership within political parties should be open to all qualified members — not just those with deep pockets.
NPP’s internal rules under scrutiny
According to Prof. Azar, the NPP’s internal constitution only makes reference to a “prescribed fee” for presidential aspirants. The introduction of a separate “development fee” by the party’s National Executive Committee (NEC), he argues, goes beyond the party’s mandate and violates its own rules.
He maintains that the fee is “disproportionate” and not tied to any justifiable operational cost, making it both procedurally and substantively unconstitutional.
Remedies sought in court
Prof. Azar is requesting a number of legal remedies, including:
- A declaration that the GHS 4 million “development fee” is unconstitutional, null, and void;
- An injunction restraining the NPP from using the fee as a condition for participation;
- A mandamus order compelling the NPP to conduct its primaries in line with Ghana’s Constitution;
- Protective orders to shield him from intimidation or retaliation by party members;
- Costs and any other reliefs the court finds appropriate.
Broader implications: A test case for internal party democracy
Legal and political observers are closely watching the case, seeing it as a potential landmark decision on political financing and internal party democracy in Ghana.
If successful, Prof. Azar’s suit could set a precedent against the use of excessive financial requirements in party elections, addressing a longstanding concern among governance reform advocates about money’s outsized influence in politics.
“This case is not about money”
In his concluding statement to the court, Prof. Azar emphasized that the issue transcends finances:
“This case is not about money; it is about fairness, democracy, and access.
Political leadership should be open to all qualified members — not just those who can afford to pay GHS 4 million.”
As Ghana prepares for another critical election cycle, this legal challenge could redefine the boundaries of political participation and reshape how parties approach inclusivity and leadership selection.
