The Supreme Court has ruled, with a 5–2 majority, that the delegate system used by political parties for electing their presidential and parliamentary candidates is unconstitutional.
It has mandated that all political parties implement a system that permits all members in good standing to participate in their internal primaries.
Additionally, the Court instructed political parties to establish the necessary measures within one year of the ruling to guarantee that all eligible members can directly engage in the selection of presidential and parliamentary candidates.
This decision stemmed from a lawsuit initiated by Prof. Kwabena Frimpong-Boateng, Dr. Nyaho Nyaho-Tamakloe, and Dr. Christine Amoako-Nuamah, who contested the constitutionality of delegate-based primaries, asserting that they disenfranchise ordinary party members and violate the democratic principles enshrined in the 1992 Constitution.
In its ruling, the Court determined that the delegate system fosters a restricted electoral market susceptible to money politics, and that allowing all members in good standing to participate in party primaries would more effectively advance constitutional democracy, political engagement, and accountability.
The Court also affirmed that the Electoral Commission is responsible for ensuring that political parties organise themselves in compliance with constitutional mandates. Consequently, it granted all the reliefs requested by the plaintiffs.
The Court prohibited political parties from continuing to select presidential and parliamentary candidates through the delegate system and mandated that they implement new arrangements within one year that enable all members in good standing to vote.
Furthermore, the Court ruled that all decisions, appointments, and actions lawfully executed under the previous delegate system prior to the judgment would remain valid and would not be rendered invalid solely due to the ruling.
The panel of seven members that reviewed the case included Chief Justice Paul Baffoe-Bonnie, Justice Gabriel Scott Pwamang, Justice Issifu Omoro Tanko Amadu, Justice Samuel Kwame Adibu-Asiedu, Justice Senyo Dzamefe, Justice Ernest Yao Gaewu, and Justice George Kingsley Koomson.
The majority ruling was 5–2, with Justice Samuel Kwame Adibu-Asiedu and Justice Ernest Yao Gaewu expressing dissent.
