Open letter on interpretation under Provision [H] of NDC General Provisions – Abass Sbaabe writes

OPEN LETTER ON THE INTERPRETATION, SCOPE, AND EXEMPTIONS UNDER PROVISION [H] OF THE NDC GENERAL PROVISIONS

20 December 2025

Hon. National Chairman,
Members of the National Executive Committee,
National Democratic Congress.

I write as a committed party member and aspirant who fully supports the decision of the National Executive Committee requiring certain government appointees to resign at least six clear months prior to filing nomination forms for internal party elections.

The intent of this decision is evident and commendable. It seeks to cure a long-standing malaise within the party by separating the exercise of government authority from internal party competition and by promoting fairness among comrades.

My concern relates strictly to the interpretation and internal coherence of Provision [H] as adopted, particularly when paragraphs 1.0, 2.0, and 3.0 are read together.
Paragraph 1.0 establishes a general and emphatic rule, applying to any person contesting any position in the party who is holding an office to which he or she was appointed by the President or Government.

The wording is broad and admits of no distinction by level of appointment.
Paragraph 2.0 then creates a specific exemption, limited to persons appointed as chairpersons or members of Boards, or analogous positions. This exemption is narrow, explicit, and carefully defined.
Notably, paragraph 2.0 does not exempt political appointees at the regional or district levels, nor does it create any exemption based on location, rank, or perceived political weight of an appointment. This drafting choice is significant. Where the NEC intended to exempt a category, it did so expressly.

Paragraph 3.0 proceeds to state that persons affected by the restriction shall include Ministers and Deputy Ministers, Chief Executive Officers or Managing Directors and their Deputies, and Metropolitan, Municipal and District Chief Executives, including analogous officers. The phrase “shall include” suggests illustration within a broader class, not limitation.
When these provisions are read together, a logical difficulty arises with explanations now being attributed to party leadership, namely that political appointees at the regional and district levels are exempt from the operation of Provision [H]. If such an exemption were intended, it would have been natural and necessary for it to appear in paragraph 2.0, alongside Board members, as an express carve-out.

The absence of such an exemption raises a fundamental question requiring authoritative clarification:
On what textual basis are political appointees at the regional and district levels said to be exempt from a restriction that applies to “any person appointed by the President or Government,” when paragraph 2.0 exhaustively states the categories exempted?

Leaving this question unresolved creates uncertainty and exposes the provision to conflicting interpretations, selective enforcement, and avoidable internal or legal disputes. More importantly, it risks undermining the very purpose of the rule, since executive influence and access to state power are not confined to national-level offices alone.

I respectfully submit that clarity is required on whether the NEC intended:
a general rule with only the narrow exemption expressly stated in paragraph 2.0; or
a more limited rule, in which case the wording of paragraph 1.0 and the structure of the exemptions would require reconsideration.
Either position is within the authority of the NEC. What is essential is certainty, textual consistency, and alignment between the adopted provision and its application.

I reiterate my full support for the resignation requirement and for the broader principle that comrades who accept government appointments should not simultaneously seek to dominate party structures.

Clear guidance from the NEC will strengthen discipline, enhance fairness, and protect the party from unnecessary contention.

I thank you for your continued commitment to institutional integrity and internal democracy within our great party.

Yours faithfully,
Comrade Abass Fuseini Sbaabe

Former District Chief Executive, Fanteakwa District
Aspiring Eastern Regional Secretary, NDC