Omanghana
Ghana’s Supreme Court has declared the delegate-based system used by political parties to elect presidential and parliamentary candidates unconstitutional, setting the stage for a major transformation of internal party democracy.
In a 5–2 majority decision delivered on Wednesday, July 29, 2026, the seven-member panel ruled that restricting internal elections to a small group of delegates violates Article 55(5) of the 1992 Constitution. The provision requires the internal organization of political parties to conform to democratic principles.
The judgment effectively ends the electoral-college model traditionally used by Ghana’s major political parties and requires them to introduce broader voting systems for future primaries.
Court mandates ‘one member, one vote’
Under the ruling, presidential and parliamentary candidates must be elected through direct primaries in which every registered party member in good standing has an equal vote.
Political parties have been given one year to amend their constitutions, regulations and electoral procedures to comply with the decision. The directive applies to all registered parties, including the governing National Democratic Congress and the opposition New Patriotic Party.
To avoid disruption, the Supreme Court made its decision prospective. Candidate selections, appointments and internal votes conducted in good faith before July 29, 2026, will therefore remain legally valid.
The court also affirmed that the Electoral Commission has a statutory responsibility to supervise political parties and ensure that their internal electoral arrangements comply with constitutional standards.
Three prominent figures challenged the system
The constitutional action was brought by Professor Kwabena Frimpong-Boateng, a renowned heart surgeon and former minister; Dr Nyaho Nyaho-Tamakloe, a founding member of the NPP; and former minister Dr Christine Amoako-Nuamah.
They argued that the delegate system disenfranchised ordinary party members by concentrating electoral power in a small, privileged group. According to the plaintiffs, that structure was inconsistent with the democratic principles political parties are constitutionally required to uphold.
The Attorney-General supported the central arguments in the case, maintaining that political parties perform important public functions and should reflect the constitutional values of equality, participation and accountability.
Judgment targets vote-buying concerns
Concerns about the commercialization of internal party elections featured prominently in the case. A limited number of delegates, the court observed, creates a small electoral market that can be more easily targeted through financial inducements and other forms of influence.
Anti-corruption campaigners have consequently welcomed the judgment as a potential blow against vote-buying and the growing cost of political participation.
Mary Awelana Addah, executive director of the Ghana Integrity Initiative, described the decision as an important victory in the fight against “money politics.” She argued that the monetization of party primaries often creates incentives for corruption after candidates obtain public office.
A larger electorate may make targeted delegate-buying more difficult, although analysts caution that the ruling will not eliminate political financing problems on its own.
Parties face major implementation challenges
Political parties must now build credible systems capable of conducting elections involving potentially millions of members.
Evans Nimako, the NPP’s director of elections, said the party respects the ruling and will comply with it. He nevertheless raised concerns about the feasibility of completing the transition within one year.
Parties will have to compile and audit national membership registers, establish clear rules for determining which members are in good standing and create reliable procedures for resolving disputes. They will also need to designate and secure thousands of polling centres across the country.
Expanding primaries from a few thousand delegates to a nationwide membership electorate could substantially increase operational costs. Ballot production, electoral personnel, security, transportation and results management will all require significant resources.
The Electoral Commission will also face additional responsibilities as it develops an effective framework for monitoring party membership lists and supervising internal elections.
Despite these practical difficulties, the ruling represents one of the most consequential changes to Ghana’s party-political system under the 1992 Constitution. Its success will depend on whether political parties can translate the principle of universal participation into transparent, affordable and credible internal elections.
Source: Omanghana
