Legal practitioner and public affairs commentator Austin Kwabena Brako-Powers says Kojo Bamba’s conviction does not automatically disqualify him from contesting or winning an executive position within the opposition New Patriotic Party (NPP).
Mr Brako-Powers said the key issue was not simply whether Mr Bamba had been convicted, but whether the conviction amounted to one of the offences that legally prevents a person from holding certain public offices.
“No law prevents Kojo Bamba from being elected,” he said, arguing that a criminal conviction alone does not stop someone from standing in an internal political party election.
He was speaking on TV3’s Big Issues on Tuesday, October 6, 2026, during a discussion about Mr Bamba’s eligibility to contest an NPP internal election.
Mr Brako-Powers referred to Article 94(2)(c) of the 1992 Constitution, which identifies the circumstances in which a person with a previous conviction is barred from being elected President or a Member of Parliament.
He said the provision applies to convictions involving specified offences, including high crime, treason, high treason, fraud or an offence relating to an election. It also covers other offences where the person has received a sentence of 10 years or more.
According to Mr Brako-Powers, Mr Bamba was fined following his conviction and was not sentenced to a prison term of 10 years or more. On that basis, he said, the conviction did not activate the constitutional restriction contained in Article 94(2)(c).
He also drew a distinction between standing for an internal party position and being eligible to occupy a constitutional public office. In his view, Article 94(2)(c) governs elections to Parliament and the presidency, rather than automatically applying to contests held within political parties.
Mr Brako-Powers acknowledged that Article 55 of the Constitution requires political parties to operate in accordance with constitutional principles and to promote constitutional democracy.
However, he said he did not consider Mr Bamba’s election to a party position, on its own, to be inconsistent with that requirement.
He called on the NPP to avoid allowing the debate over Mr Bamba’s conviction to divert attention from its wider political priorities as the party prepares for the 2028 general elections.
“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.
