Ghana: Supreme Court Declares Political Party Delegates System Unconstitutional

The Supreme Court of Ghana has declared the delegate system used by political parties to elect presidential and parliamentary candidates unconstitutional.

In a 5-2 majority decision delivered, the Court ruled that the long-standing system violates democratic principles and ordered all political parties to ensure every registered, card-bearing member participates in presidential and parliamentary primaries.

The ruling brings to an end decades of internal party elections conducted by a limited number of delegates.

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The suit was filed by former Minister for Environment, Science, Technology and Innovation, Professor Kwabena Frimpong-Boateng; veteran politician Dr. Nyaho Nyaho-Tamakloe; and former Minister for Lands and Forestry, Dr. Christine Amoako-Nuamah.

The plaintiffs argued that the delegate system created inequality among party members by granting voting rights to a privileged minority while excluding ordinary members in good standing.

They told the Court that restricting voting rights to delegates was inconsistent with the democratic principles enshrined in the 1992 Constitution.

The Attorney-General's Department supported the suit and urged the Court to adopt a "one member, one vote" approach.

In its submission, the State argued that political parties perform an important public function in Ghana's democratic framework and that their internal electoral processes must reflect constitutional values of equality, participation and universal suffrage.

The Attorney-General further submitted that expanding voting rights to all registered members would strengthen accountability and deepen internal democracy within political parties.

The judgment means that going forward, presidential and parliamentary candidates will be selected by all registered members of a political party, instead of by delegates alone.

Political parties are expected to review their constitutions and structures to comply with the Court's directive ahead of the 2028 general elections.

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