The Supreme Court has 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, declaring Ghana’s long-standing delegate system unconstitutional.
In a 5–2 majority decision delivered on Wednesday, July 29, a seven-member panel held that the delegate system used by political parties violates the democratic principles enshrined in the 1992 Constitution.
The landmark judgment paves the way for a “one member, one vote” system in the internal elections of registered political parties and is expected to significantly reshape the country’s political landscape.
The constitutional challenge was brought 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.
They argued that limiting voting rights to a select group of delegates denied ordinary party members equal participation in the democratic process.
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 presidential candidates, parliamentary candidates and national executives.
Under that arrangement, only selected party executives, constituency officers and accredited delegates were permitted to vote, excluding the majority of party members from directly choosing their leaders.
The plaintiffs maintained that political parties, as institutions recognised under Article 55 of the Constitution, are required to organise and operate according to democratic principles. They argued that restricting voting rights to a privileged minority violated constitutional guarantees of equality and democratic participation.
The Attorney-General’s Department supported the challenge and urged the court to adopt a “one member, one vote” system.
According to the state, political parties perform a vital public function within Ghana’s democratic system and should ensure that all registered members in good standing have equal opportunities to participate in internal elections.
The Attorney-General further argued that expanding voting rights would strengthen accountability and deepen internal democracy within political parties.
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, as well as orders directing the parties to amend their constitutions to allow equal, direct and meaningful participation by all members.
They also sought directives compelling the Electoral Commission to ensure that political party constitutions comply with the democratic requirements of the Constitution and the Political Parties Act.
The Supreme Court’s decision is expected to have far-reaching implications for future presidential primaries, parliamentary primaries and the election of national and regional party executives across Ghana.
