The Supreme Court has ruled that the delegate system used by political parties to elect presidential and parliamentary candidates is unconstitutional, ordering parties to adopt a system that allows all members in good standing to vote in internal primaries.
In a 5-2 majority decision, the seven-member panel directed all political parties to implement the new electoral system within one year of the judgment.
The ruling followed a suit filed by former Minister of Environment, Science, Technology and Innovation Prof. Kwabena Frimpong-Boateng, Dr. Nyaho Nyaho-Tamakloe and Dr. Christine Amoako-Nuamah, who argued that the delegate system disenfranchised ordinary party members and violated democratic principles guaranteed under Ghana’s 1992 Constitution.
The court held that restricting the selection of candidates to delegates created a narrow electoral process that was susceptible to vote-buying and money politics. It said allowing all members in good standing to participate directly in party primaries would better promote constitutional democracy, political participation and accountability.
The justices also ruled that the Electoral Commission has a responsibility to ensure political parties organise their internal affairs in line with constitutional requirements and granted all the reliefs sought by the plaintiffs.
The court consequently restrained political parties from continuing to use the delegate system to elect presidential and parliamentary candidates and ordered them to introduce new arrangements within one year to enable all eligible members to vote in their primaries.
The Supreme Court, however, held that decisions, appointments and actions lawfully undertaken under the previous delegate system before the judgment would remain valid and would not be invalidated solely because of 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 Senyo Dzamefe, Justice George Kingsley Koomson, Justice Samuel Kwame Adibu-Asiedu and Justice Ernest Yao Gaewu.
Justices Samuel Kwame Adibu-Asiedu and Ernest Yao Gaewu dissented from the majority decision.
