The Supreme Court has declared the delegate system used by political parties to elect presidential and parliamentary candidates unconstitutional in a 5–2 majority ruling, directing parties to adopt a more inclusive process that allows all eligible members to participate in internal primaries.
The Court instructed political parties to make the required adjustments within one year of the judgment to ensure that every member in good standing has the opportunity to vote directly in the selection of candidates for national elections.
The ruling followed a legal challenge filed by Prof. Kwabena Frimpong-Boateng, Dr. Nyaho Nyaho-Tamakloe and Dr. Christine Amoako-Nuamah, who argued that the delegate-based primary system excludes a majority of party members and undermines the democratic principles established under the 1992 Constitution.
In its decision, the apex court held that limiting voting rights to selected delegates creates a narrow electoral process that may encourage financial influence and other forms of manipulation. The Court stated that opening party primaries to all qualified members would promote greater participation, transparency and accountability.
The Supreme Court further affirmed that the Electoral Commission has a role in ensuring that political parties conduct their affairs in compliance with constitutional provisions.
Following the ruling, the Court granted the reliefs sought by the plaintiffs and prohibited political parties from continuing to rely on the delegate system for choosing their presidential and parliamentary candidates.
However, the Court clarified that all lawful decisions, appointments and actions taken under the previous system before the judgment remain valid and will not be affected by the 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.
While five members of the panel supported the majority decision, Justice Samuel Kwame Adibu-Asiedu and Justice Ernest Yao Gaewu dissented.
