25.5 C
Accra
Wednesday, July 29, 2026

Supreme Court crushes delegate system in landmark 5–2 ruling; Orders ‘one member, one vote’

Date:

- Advertisement -
The Supreme Court has, by a 5–2 majority decision, ruled that all registered members in good standing of political parties must be allowed to vote in the election of their party leaders and candidates in opposition to the long-standing delegate system.

The landmark Supreme Court ruling on political party elections effectively challenges the long-standing delegate system used by Ghana’s major political parties and paves the way for a potential “one member, one vote” system in internal party elections.

The decision is expected to have far-reaching consequences for the organisation of political parties and the conduct of future presidential, parliamentary and executive primaries.

Also read: OSP scores major victory as Supreme Court rejects challenge to independent prosecution powers

A seven-member panel of the Supreme Court delivered the judgment on Wednesday, July 29, 2026, bringing to an end a constitutional challenge that had triggered intense legal and political debate over the extent of democratic participation within Ghanaian political parties.

Delegate System

The suit was filed 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 restricting voting rights in political party elections to a limited number of delegates was inconsistent with the democratic principles enshrined in Ghana’s 1992 Constitution.

For decades, 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 select presidential candidates, parliamentary candidates and national executives.

Under the existing arrangement, voting rights are largely reserved for selected party executives, constituency officers and accredited delegates.

This means that the majority of ordinary party members do not have a direct vote in determining who leads their parties or represents them in major elections.

The plaintiffs contended that the delegate system creates inequality among party members by giving electoral rights to a privileged minority while excluding ordinary members who are in good standing.

They argued that political parties, as institutions recognised under Article 55 of the 1992 Constitution, are required to organise and operate in accordance with democratic principles.

According to the plaintiffs, broad participation in internal party elections is therefore a constitutional requirement rather than merely an internal party matter.

‘One Member, One Vote’

In a significant development, the Attorney-General’s Department also urged the Supreme Court to adopt the “one member, one vote” principle.

The State argued that political parties perform an important public function within Ghana’s democratic system and that their internal electoral processes should reflect the constitutional values of equality, participation and universal suffrage.

The Attorney-General further submitted that expanding voting rights to all registered party members in good standing would strengthen accountability and deepen internal democracy.

The position added weight to the constitutional challenge against the delegate system and highlighted the growing debate over the role of ordinary party members in determining the leadership and candidates of political parties.

The Supreme Court’s 5–2 majority decision could significantly reshape how political parties conduct their internal elections.

If fully implemented, the ruling could require political parties to reconsider their existing electoral structures and potentially amend their constitutions to give all registered members in good standing the opportunity to vote directly in internal elections.

This could affect future presidential primaries, parliamentary primaries, and elections for national and regional party executives.

The decision could also trigger major changes within Ghana’s political parties, particularly the NPP and NDC, which have traditionally relied on delegate-based systems for selecting candidates and leaders.

Among the reliefs sought by the plaintiffs were declarations that the delegate systems contained in the constitutions of the NPP, NDC and CPP were unconstitutional.

They also sought orders compelling the political parties to amend their constitutions to allow equal, direct and meaningful participation by all members in good standing.

The plaintiffs further sought directives requiring the Electoral Commission to ensure that the constitutions of political parties comply with the democratic requirements of the 1992 Constitution and the Political Parties Act.

The Supreme Court’s latest decision therefore marks a potentially historic moment in Ghana’s democratic development.

The ruling could usher in a new era of direct participation in political party elections, giving ordinary members a greater voice in choosing their leaders and candidates.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

TRENDING