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Ghana Supreme Court Strikes Down Delegate System for Party Primaries

On 29 July 2026, the Supreme Court of Ghana delivered a landmark judgment invalidating the delegate-based system that political parties have traditionally used to select their presidential and parliamentary candidates. The Court ruled that restricting the right to vote in internal party primaries to a small cohort of delegates and officials violated the constitutional guarantee of universal political participation found in Article 55(5) of the 1992 Constitution.

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On 29 July 2026, the Supreme Court of Ghana delivered a landmark judgment invalidating the delegate-based system that political parties have traditionally used to select their presidential and parliamentary candidates. The Court ruled that restricting the right to vote in internal party primaries to a small cohort of delegates and officials violated the constitutional guarantee of universal political participation found in Article 55(5) of the 1992 Constitution. In a 5-to-2 majority decision, the bench ordered all major political entities, including the New Patriotic Party, the National Democratic Congress, and the Convention People’s Party, to transition to a “one member, one vote” model within twelve months. The ruling mandates that the Electoral Commission supervise compliance, ensuring that future primary elections are conducted directly by the full party membership rather than through a limited electoral college.

The case was initiated by three senior party members: Professor Kwabena Frimpong-Boateng, a cardiothoracic surgeon; Dr. Nyaho Nyaho-Tamakloe, a former diplomat; and Dr. Christine Amoako-Nuamah, a scientist. The applicants argued that the existing delegate system created a two-class structure among members, which contravened the principles of political equality and the democratic spirit enshrined in the Constitution. The Court’s reasoning clarified that the internal governance of political parties must align with the constitutional mandate that all citizens possess an equal voice in selecting their public representatives. This interpretation significantly broadens the scope of political rights by extending constitutional protections to the internal mechanics of party organization.

What follows

The reported decision raises practical questions about how political parties would conduct candidate selection if their existing rules must change. The scope and timing of any required changes should be taken from the judgment and any subsequent directions, rather than assumed from a headline. Party officials and voters will need clear rules on eligibility, registration and dispute resolution before a new process can operate fairly.

The wider legal issue is how constitutional participation principles interact with the internal autonomy of political parties. Those interests must be balanced with careful attention to the court's actual reasoning. Further reporting should distinguish the precise order made by the court from proposals for how parties might respond.

Source: Supreme Court of Ghana ↗