Supreme Court declares political party delegates system unconstitutional

Ghana's Supreme Court has declared the delegate system, long used by political parties to elect presidential and parliamentary candidates, unconstitutional. In a significant 5-2 majority decision, the court ruled that this established system violates fundamental democratic principles. It has ordered all political parties to ensure that every registered, card-bearing member has the right to participate in their presidential and parliamentary primaries going forward.

This landmark ruling effectively ends a practice where internal party elections were conducted by a limited number of delegates, a system that had been in place for decades. The lawsuit was brought forth by prominent figures including former Minister Professor Kwabena Frimpong-Boateng, veteran politician Dr. Nyaho Nyaho-Tamakloe, and former Minister Dr. Christine Amoako-Nuamah. They argued that the delegate system fostered inequality by granting voting rights to a select minority while excluding ordinary party members in good standing.

The plaintiffs contended that restricting voting rights to delegates was incompatible with the democratic principles enshrined in Ghana's 1992 Constitution. The Attorney-General’s Department supported the suit, advocating for a "one member, one vote" approach. The state submitted that political parties play a crucial public function in Ghana's democratic framework, and their internal electoral processes must align with constitutional values of equality, participation, and universal suffrage. Expanding voting rights, the Attorney-General argued, would enhance accountability and deepen internal democracy within political parties.

The judgment mandates that, effective immediately, presidential and parliamentary candidates will be selected by the entire membership of a political party, rather than solely by delegates. Political parties are now expected to revise their constitutions and internal structures to comply with the court's directive before the 2028 general elections.