Supreme Court Declares Political Parties’ Delegate System Unconstitutional
The Supreme Court has ruled, by a 5–2 majority decision, that all registered members in good standing of political parties must be allowed to vote in the election of their party leaders and candidates.
The decision effectively overturns the long-standing delegate system employed by Ghana’s major political parties, paving the way for a “one member, one vote” system in internal party elections.
The ruling is expected to have far-reaching implications for the organisation of political parties and the conduct of future presidential, parliamentary and executive primaries.
A seven-member panel delivered the judgement on Wednesday, July 29, bringing to a close a constitutional challenge that has generated intense legal and political debate over the extent of democratic participation within political parties.
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 Lands and Forestry Minister, Dr Christine Amoako-Nuamah.
They argued that restricting voting rights to a limited number of delegates was inconsistent with the democratic principles enshrined in Ghana’s 1992 Constitution.
For decades, Ghana’s leading political parties, including the New Patriotic Party (NPP), the National Democratic Congress (NDC) and the Convention People’s Party (CPP), have relied on delegate-based electoral colleges to elect presidential candidates, parliamentary candidates and national executives.
Under the arrangement, voting rights were reserved for selected party executives, constituency officers and accredited delegates, leaving the vast majority of ordinary members without a direct say in choosing party leadership.
The plaintiffs contended that the system created inequality among party members by granting electoral rights to a privileged minority while excluding ordinary members in good standing.
They maintained that political parties, as institutions recognised under Article 55 of the Constitution, are required to organise and operate in accordance with democratic principles, making broad participation in internal elections a constitutional imperative.
In support of the challenge, the Attorney-General’s Department also urged the Supreme Court to adopt a “one member, one vote” approach.
The state argued that political parties perform an important public function within Ghana’s democratic framework and that their internal electoral processes should reflect the 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.
Among the reliefs sought by the plaintiffs were declarations that the delegate systems contained in the constitutions of the NPP, NDC and CPP were unconstitutional, as well as orders compelling the parties to amend their constitutions to allow equal, direct and meaningful participation by all members in good standing.
They also sought directives requiring the Electoral Commission to ensure that political party constitutions comply with the democratic requirements of the Constitution and the Political Parties Act.
Source: JoyNews
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