The Supreme Court has ruled that the delegate system used by political parties to elect their presidential and parliamentary candidates is unconstitutional, directing all parties to adopt a more inclusive electoral process that allows every eligible member to participate in candidate selection.
In a landmark 5-2 majority decision delivered on Wednesday, a seven-member panel of the court, presided over by Chief Justice Paul Baffoe-Bonnie, held that restricting voting rights to a limited group of delegates, executives and party officials violates Article 55(5) of the 1992 Constitution.
The court ordered all political parties to introduce measures within one year to ensure that every member in good standing is able to vote in the election of both presidential and parliamentary candidates.
The ruling effectively abolishes the regime where delegate-based electoral college system was used by political parties to select candidates for national elections.
The court further held that the Electoral Commission has a statutory responsibility to ensure that the internal operations of political parties comply with the provisions of Article 55(5) of the Constitution.
To prevent uncertainty, the court clarified that all decisions, appointments and elections conducted in good faith before the judgment remain valid and will not be invalidated solely as a result of the ruling.
The decision is expected to have far-reaching implications for Ghana’s political landscape, requiring parties to amend their constitutions and internal electoral regulations to comply with the new constitutional standard.
The judgment is also expected to transform internal party democracy by expanding participation in presidential and parliamentary primaries, allowing all qualified party members to vote rather than a select body of delegates.
The ruling will have a significant impact on the country’s major political parties, including the National Democratic Congress (NDC) and the New Patriotic Party (NPP), both of which have traditionally relied on delegate conferences to elect presidential candidates and choose parliamentary nominees.
The Supreme Court said its full reasons for the judgment will be filed on or before August 5, 2026.
