BREAKING: Supreme Court Abolishes Delegate System, Orders All Party Members to Vote in Primaries
The Supreme Court has declared Ghana’s delegate system for internal political party elections unconstitutional, ruling that all registered members of political parties must be given the opportunity to vote in the selection of presidential and parliamentary candidates.
In a landmark 5-2 majority decision delivered on Wednesday, July 29, 2026, the apex court held that restricting participation in party primaries to a limited number of delegates violates Article 55 of the 1992 Constitution, which requires political parties to organise and operate according to democratic principles.
The decision follows a legal challenge brought by former ministers Prof. Kwabena Frimpong-Boateng and Christine Amoako-Nuamah, together with veteran New Patriotic Party (NPP) stalwart Dr. Nyaho Nyaho-Tamakloe.
The plaintiffs argued that the delegate system effectively disenfranchises the majority of registered party members by limiting their participation in internal elections to a select group of delegates.
The Supreme Court upheld the challenge, effectively striking down the delegate-based system that has been used for decades by Ghana’s major political parties to elect executives and select parliamentary and presidential candidates.
The ruling means that, once implemented, political parties will be required to open their internal elections to all registered, card-bearing members. This is expected to significantly expand the electorate for party primaries and other internal contests.
The court’s decision could have far-reaching consequences for both the governing National Democratic Congress (NDC) and the opposition New Patriotic Party (NPP), which have traditionally relied on delegate conferences and electoral colleges to determine their leaders and flagbearers.
The Attorney-General supported the legal challenge, arguing that the delegate system was inconsistent with the constitutional requirement for democratic governance within political parties.
Although two Supreme Court justices dissented from the majority decision, the full legal reasoning behind the judgment is expected to become clearer when the court releases its written judgment on August 5, 2026.
The Supreme Court has also given political parties one year to amend their constitutions and internal electoral processes to bring them into compliance with the ruling.
The landmark decision could therefore mark a major shift in Ghana’s political party democracy, potentially giving millions of registered party members a direct say in choosing the candidates who represent their parties in national elections.
Source: Felix NYAABA | expressnewsghana.com
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