By Zobia Zulfqar 
Ghana’s Supreme Court has declared the delegates-based electoral college system used by political parties to elect presidential and parliamentary candidates unconstitutional, marking a landmark decision that could reshape the country’s internal party democracy.
In a majority 5 to 2 ruling delivered on July 29, 2026, the apex court held that limiting the selection of presidential and parliamentary candidates to a small body of delegates violates the Constitution. The judges ruled that all registered members of political parties who are in good standing should be given the opportunity to participate in the selection of candidates.
The Court further stated that the existing delegates system had created conditions that encouraged corruption, inducement and the concentration of electoral power in the hands of a privileged minority. According to the judgment, the Constitution requires political parties to operate in a manner that reflects democratic principles and broad participation by their members.
The decision places responsibility on the Electoral Commission to ensure that internal elections conducted by political parties comply with constitutional standards. The Court said the Commission has a duty not only to supervise national elections but also to ensure that political parties observe constitutional requirements in their internal electoral processes.
As part of the ruling, the Supreme Court directed political parties to establish new systems for selecting presidential and parliamentary candidates within one year. The revised arrangements must allow all registered members in good standing, as determined by their respective parties, to vote during candidate selection exercises.
The Court indicated that its detailed reasons for the judgment would be made available on August 5, 2026. Legal experts expect the full ruling to provide additional constitutional guidance on the obligations of political parties and the role of the Electoral Commission in enforcing democratic standards.
The constitutional challenge was brought before the Supreme Court by Professor Frimpong Boateng, heart surgeon and former public official, Dr Nyaho Nyaho Tamakloe, a member of the New Patriotic Party, and Dr Christine Amoako Nuamah. The plaintiffs argued that the delegates system violated the constitutional rights of ordinary party members by excluding them from participating in the election of presidential and parliamentary candidates.
According to the plaintiffs, restricting voting rights to delegates created an unfair system that favoured a small group of influential party members while denying the broader membership meaningful participation in important political decisions. They argued that such arrangements weakened internal democracy and encouraged unhealthy competition for the support of delegates instead of ordinary members.
The Supreme Court agreed that the delegates based system was inconsistent with constitutional principles governing democratic participation. It concluded that political parties, as public institutions established under the Constitution, must ensure that their internal governance structures reflect fairness, inclusiveness and equal participation by members.
Political analysts believe the judgment could bring major changes to how political parties organise their internal elections. If implemented, future presidential primaries and parliamentary candidate selections may involve significantly larger voting populations, requiring parties to introduce new electoral procedures, voter registers and verification systems.
The ruling is also expected to influence campaign strategies within political parties. Instead of focusing on winning the support of a relatively small number of delegates, aspiring candidates may need to engage directly with thousands of ordinary party members across constituencies and regions.
Supporters of the judgment argue that expanding voting rights will strengthen accountability, reduce allegations of vote buying and make party leaders more responsive to the interests of their grassroots membership. They believe broader participation will improve transparency and reinforce democratic values within Ghana’s political system.
Others have noted that implementing the Court’s directive may present logistical and financial challenges for political parties. Organising nationwide internal elections involving all eligible members will require substantial planning, updated membership databases and improved electoral management systems.
The Electoral Commission is expected to play a central role in overseeing compliance with the Supreme Court’s decision. Political parties will likely engage with the Commission as they develop new frameworks that satisfy both constitutional requirements and their internal organisational structures.
The judgment represents one of the most significant constitutional decisions affecting Ghana’s political parties in recent years. By expanding participation in candidate selection, the Supreme Court has signalled that internal party democracy must reflect the same constitutional values that govern national elections.
With political parties now given one year to comply, attention will turn to how they redesign their electoral processes while preparing for future presidential and parliamentary primaries under the new constitutional framework established by the Supreme Court.
Also Read: U.S. Embassy in Accra to Suspend Most Consular Services from July 20 to July 31