The Supreme Court has, by a 5–2 majority decision, declared the delegate system used by political parties to elect their presidential and parliamentary candidates unconstitutional and ordered all political parties to replace it with a system that allows all members in good standing to vote in their internal primaries.
The landmark ruling requires political parties to put in place the necessary measures within one year of the judgment to ensure that every eligible party member can participate directly in the selection of presidential and parliamentary candidates.
The decision followed a suit filed by former Minister of Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong-Boateng, together with Dr. Nyaho Nyaho-Tamakloe and Dr. Christine Amoako-Nuamah. The plaintiffs argued that the delegate system disenfranchises ordinary party members and violates the democratic principles guaranteed under Ghana’s 1992 Constitution.
In its judgment, the Court held that restricting the selection of candidates to a limited number of delegates creates a narrow electoral market that is susceptible to money politics and undue influence. According to the Court, expanding participation to all members in good standing would better promote constitutional democracy, strengthen political participation and improve accountability within political parties.
The Court also ruled that the Electoral Commission has a constitutional responsibility to ensure that political parties organize and conduct their internal affairs in accordance with constitutional requirements. It consequently granted all the reliefs sought by the plaintiffs.
As part of its orders, the Court restrained all political parties from continuing to select presidential and parliamentary candidates through the delegate system. Instead, it directed them to adopt new arrangements within one year that will enable all members in good standing to vote in their internal primaries.
However, the Court clarified that its decision would not invalidate actions taken under the previous delegate system before the judgment. It ruled that all decisions, appointments and other actions lawfully undertaken under the former arrangement would remain valid and would not be affected solely because of the new ruling.
The case was heard by a seven-member panel comprising Chief Justice Paul Baffoe-Bonnie, Justice Gabriel Scott Pwamang, Justice Issifu Omoro Tanko Amadu, Justice Samuel Kwame Adibu-Asiedu, Justice Senyo Dzamefe, Justice Ernest Yao Gaewu and Justice George Kingsley Koomson.
The majority decision was supported by five justices, while Justice Samuel Kwame Adibu-Asiedu and Justice Ernest Yao Gaewu dissented.
The judgment is expected to significantly reshape the internal electoral processes of political parties in Ghana by replacing the long-standing delegate system with a broader, one-member-one-vote approach for selecting presidential and parliamentary candidates.
