The Supreme Court of Ghana, in a 5-2 majority decision, has struck down the political party delegate system that allowed only certain members of political parties to vote in their presidential and parliamentary primaries.
The plaintiffs in the suit Professor Kwabena Frimpong-Boateng, Dr. Nyaho Nyaho-Tamakloe, and Dr. Christine Amoako Nuamah challenged the constitutionality of the current system, arguing that it violated Article 55(5) of the 1992 Constitution.
The clause states: “The internal organisation of a political party shall conform to democratic principles, and its actions and purposes shall not contravene or be inconsistent with this Constitution or any other law.”
Their argument centred on the phrase “democratic principles,” which, under the Constitution, entitles every citizen of sound mind aged 18 and above to vote in elections. Accordingly, they argued that in the internal operations of political parties, all registered members of sound mind should be allowed to vote for their parliamentary candidates at the constituency level and their flagbearers at the national level.
They said this would satisfy the requirements of Article 55(5).
The Supreme Court upheld their argument and has ordered all political parties to switch to the new system by July 29, 2027.
The plaintiffs said the purpose of their suit was to put an end to the vote buying that has bedevilled the country’s electoral system in recent years.