The Supreme Court has struck down Ghana’s long-standing delegate-based system for internal political party elections, ruling that every registered party member in good standing must be given the opportunity to vote in the selection of party leaders and candidates.
In a 5-2 majority decision delivered on Wednesday, July 29, the apex court declared that limiting voting rights to a select group of delegates does not align with the democratic principles required under Ghana’s 1992 Constitution, Myjoyonline reported.
The landmark ruling opens the door for the adoption of a “one member, one vote” system in political party primaries, a move that could significantly reshape how presidential candidates, parliamentary candidates and party executives are elected in Ghana.
The judgement brings an end to a constitutional dispute that has sparked intense debate over whether ordinary members of political parties should have a direct role in deciding the future direction of their organisations.
The case was brought before the court 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 challenged the constitutionality of the delegate system used by major political parties, arguing that it denied the wider membership of their fundamental right to participate in internal party decision-making.
For several decades, Ghana’s major political parties, including the New Patriotic Party (NPP), the National Democratic Congress (NDC) and the Convention People’s Party (CPP), have relied on electoral colleges made up of selected delegates to choose presidential candidates, parliamentary candidates and national executives.
Under that system, only elected party officials, constituency representatives and accredited delegates were allowed to vote, while thousands of ordinary party members remained excluded from directly influencing key leadership decisions.
The plaintiffs argued that the arrangement created a divide between party members, giving a small group significant influence while denying other registered members who had met party requirements the same opportunity.
They maintained that political parties, which operate under Article 55 of the Constitution, are expected to uphold democratic values in their internal structures and decision-making processes.
The Attorney-General’s Department supported the legal challenge, urging the Supreme Court to embrace a “one member, one vote” model for political party elections.
The state argued that political parties are central institutions within Ghana’s democratic system and that their internal procedures must reflect constitutional principles such as equality, participation and universal suffrage.
According to the Attorney-General, widening participation in party elections would promote greater accountability, strengthen internal democracy and ensure that leadership choices reflect the will of the broader membership.
The plaintiffs had asked the court to declare the delegate systems contained in the constitutions of the NPP, NDC and CPP unconstitutional and to direct the parties to amend their rules to allow equal, direct and meaningful participation for all members in good standing.
They also sought an order requiring the Electoral Commission to ensure that political party constitutions comply with the democratic standards outlined in the Constitution and the Political Parties Act.
The Supreme Court’s decision is expected to trigger major changes within Ghana’s political landscape, with parties now facing the task of reviewing their internal electoral frameworks to comply with the ruling.
