The Supreme Court has ruled that Ghana’s long-standing delegate system for selecting presidential and parliamentary candidates is unconstitutional, ordering all political parties to replace it with a system that allows every member in good standing to vote in internal primaries.
In a 5–2 majority decision delivered on Wednesday, the Court directed political parties to implement the new system within one year, marking a significant shift in how parties elect their candidates.
The ruling followed a suit filed by former Environment Minister Prof. Kwabena Frimpong-Boateng, veteran politician Dr. Nyaho Nyaho-Tamakloe and former minister Dr. Christine Amoako-Nuamah. The three argued that the delegate system unfairly excludes ordinary party members from participating in key internal elections and undermines the democratic principles guaranteed under Ghana’s 1992 Constitution.
Delivering its judgment, the Court held that limiting the selection of candidates to a small group of delegates creates an environment susceptible to money politics and undue influence. It said allowing all eligible party members to vote directly in primaries would strengthen constitutional democracy, encourage broader political participation and improve accountability within political parties.
The Supreme Court also ruled that the Electoral Commission has a constitutional responsibility to ensure that political parties organise their internal affairs in line with the Constitution. Consequently, it granted all the reliefs sought by the plaintiffs.
As part of its orders, the Court restrained political parties from continuing to use the delegate system to elect presidential and parliamentary candidates and instructed them to adopt new arrangements that guarantee direct participation by all members in good standing within the one-year transition period.
However, the Court clarified that decisions, appointments and actions lawfully taken under the previous delegate system before the ruling remain valid and will not be invalidated because of the judgment. This means past candidates elected through the delegate system and actions arising from those elections will continue to stand.
