All members in good standing eligible to elect political party leaders — SC
Landmark ruling ends delegate system
The Supreme Court has ruled that all registered members in good standing of political parties are constitutionally entitled to vote in the election of their party leaders and candidates, bringing an end to Ghana’s long-standing delegate system. In a landmark 5–2 majority decision delivered on Wednesday, July 29, a seven-member panel held that limiting voting rights to selected delegates is inconsistent with the democratic principles enshrined in the 1992 Constitution. The ruling effectively introduces a “one member, one vote” system for internal political party elections, a development expected to reshape how political parties elect their presidential candidates, parliamentary candidates and national executives.
Constitutional challenge
The judgement brings to a close a high-profile constitutional challenge initiated 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. The plaintiffs argued that the delegate system unfairly denied the majority of registered party members the right to participate directly in choosing party leaders, contrary to the democratic values guaranteed by the Constitution.
They maintained that political parties, recognised under Article 55 of the Constitution, are required to organise and function in accordance with democratic principles, making equal participation by all members in good standing a constitutional requirement.
Delegate system declared inconsistent with democratic principles
For 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 delegate-based electoral colleges to elect their presidential candidates, parliamentary candidates and national executives.
Under the arrangement, only selected party executives, constituency officers and accredited delegates were eligible to vote, excluding the vast majority of ordinary party members from participating directly in internal elections. The plaintiffs argued that the system created inequality within political parties by conferring electoral rights on a privileged minority while denying the same rights to ordinary members in good standing.
Attorney-General backed ‘one member, one vote’
The Attorney-General’s Department supported the constitutional challenge, urging the Supreme Court to adopt a “one member, one vote” model for political party elections. The state argued that political parties perform a significant public function within Ghana’s democratic system and that their internal electoral processes should reflect constitutional values of equality, participation and universal suffrage.
According to the Attorney-General, extending voting rights to all registered members would enhance accountability, strengthen internal democracy and promote greater inclusiveness within political parties.
Reliefs sought
The plaintiffs sought declarations that the delegate systems contained in the constitutions of the NPP, NDC and CPP were unconstitutional. They also asked the court to compel the parties to amend their constitutions to guarantee equal, direct and meaningful participation by all members in good standing in the election of party leaders and candidates.
Additionally, they requested directives requiring the Electoral Commission to ensure that political party constitutions comply with the democratic requirements of the Constitution and the Political Parties Act.
Implications
The decision is expected to have far-reaching implications for Ghana’s political landscape, requiring political parties to review their constitutions and internal electoral processes to comply with the Supreme Court’s ruling.
It is also likely to influence the conduct of future presidential, parliamentary and executive primaries by expanding voting rights to all registered members in good standing, significantly broadening participation in internal party democracy.
