The Supreme Court has, by a 5–2 majority decision, declared the delegate system used by political parties to elect their presidential and parliamentary candidates unconstitutional and ordered all political parties to replace it with a system that allows all members in good standing to vote in their internal primaries.
The Court further directed political parties to put in place the necessary measures within one year of the judgment to ensure that all eligible members can participate directly in the selection of presidential and parliamentary candidates.
The decision arose from a suit filed by Prof. Kwabena Frimpong-Boateng, Dr. Nyaho Nyaho-Tamakloe and Dr. Christine Amoako-Nuamah, who challenged the constitutionality of delegate-based primaries, arguing that they disenfranchise ordinary party members and offend the democratic principles enshrined in the 1992 Constitution.
In its judgment, the Court held that the delegate system creates a limited electoral market that is vulnerable to money politics and that opening party primaries to all members in good standing would better promote constitutional democracy, political participation and accountability.
The Court also answered in the affirmative the issue of whether the Electoral Commission bears responsibility for ensuring that political parties organise themselves in accordance with constitutional requirements. It consequently granted all the reliefs sought by the plaintiffs.
The Court restrained political parties from continuing to select presidential and parliamentary candidates through the delegate system and ordered them to adopt new arrangements within one year that allow all members in good standing to vote.
The Court further ruled that all 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 seven-member panel that heard the case comprised 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 decision was 5–2, with Justice Samuel Kwame Adibu-Asiedu and Justice Ernest Yao Gaewu dissenting.
