Supreme Court Orders Delegate Primaries Scraped

Landmark ruling orders political parties to give every member in good standing the right to vote in presidential and parliamentary primaries.

In a landmark decision with far-reaching implications for Ghana’s political landscape, the Supreme Court has declared the delegate system used by political parties to elect their presidential and parliamentary candidates unconstitutional, ordering all parties to replace it with a more inclusive voting system that allows every member in good standing to participate directly in internal primaries. The decision, reached by a 5–2 majority, requires political parties to implement the new electoral framework within one year. The Court also restrained parties from continuing to use the delegate system for selecting presidential and parliamentary candidates once the transition period expires.

The ruling, declared on Wednesday, July 29 2026, followed a constitutional challenge brought by Prof. Kwabena Frimpong-Boateng, Dr. Nyaho Nyaho-Tamakloe and Dr. Christine Amoako-Nuamah, who argued that restricting candidate selection to delegates unfairly excludes the majority of party members and undermines the democratic values guaranteed under the 1992 Constitution. Delivering its judgment, the Court held that the delegate system creates a narrow electoral space that is susceptible to the influence of money in politics. It concluded that allowing all eligible party members to vote in internal primaries would strengthen constitutional democracy, deepen political participation and improve accountability within political parties.

The Court further ruled that the Electoral Commission has a constitutional responsibility to ensure that political parties organise and conduct their internal affairs in a manner consistent with the Constitution. It consequently granted all the reliefs sought by the plaintiffs. As part of its orders, the apex court directed political parties to establish the necessary structures and mechanisms within one year to enable all members in good standing to vote directly in the selection of presidential and parliamentary candidates.

To avoid disrupting existing political arrangements, the Court clarified 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 case was heard by a seven-member panel comprising 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 supported by five justices, while Justice Samuel Kwame Adibu-Asiedu and Justice Ernest Yao Gaewu dissented. The judgment is expected to reshape the internal democratic structures of political parties across the country by replacing delegate-based primaries with a universal membership voting system. Political analysts believe the ruling could significantly alter how parties mobilize members, conduct internal campaigns and select candidates for future elections, while potentially reducing the influence of money and elite political networks in candidate selection.

IMANI Africa’s Franklin Cudjoe has described the Supreme Court’s ruling in a Facebook Post on Wednesday July 29, as a constitutional turning point, arguing that it deepens internal party democracy by giving all eligible party members, rather than a select group of delegates, the power to choose presidential and parliamentary candidates. He says the decision shifts political power from gatekeepers to ordinary members and compels political parties to align their internal processes with the democratic principles enshrined in the Constitution.

With political parties now under a one-year deadline to comply, attention is expected to shift to how they amend their constitutions and electoral regulations to align with the Supreme Court’s interpretation of the Constitution. The Electoral Commission is also expected to play a more active oversight role in ensuring that future internal party elections comply with the Court’s directives.

By: Joyce Owusu