The Supreme Court has ruled by a 5–2 majority that the delegate system used by political parties to select presidential and parliamentary candidates is unconstitutional, directing parties to adopt a system that gives all qualified members the opportunity to vote in internal elections.

The Court ordered political parties to introduce the necessary changes within one year of the judgment to allow all members in good standing to directly participate in choosing candidates for national elections.

The decision followed a case brought by Prof. Kwabena Frimpong-Boateng, Dr. Nyaho Nyaho-Tamakloe and Dr. Christine Amoako-Nuamah, who challenged the legality of delegate-based primaries.

The plaintiffs argued that the system limits the participation of ordinary party members and conflicts with the democratic values guaranteed under the 1992 Constitution.

In its ruling, the Supreme Court held that the delegate arrangement creates a restricted voting system that can encourage undue influence and money politics. The Court said allowing all eligible party members to take part in primaries would strengthen democratic participation, accountability and transparency within political parties.

The Court also ruled that the Electoral Commission has a responsibility to ensure that political parties operate in accordance with constitutional requirements.

As a result, the Supreme Court granted all the reliefs requested by the plaintiffs and barred political parties from continuing to use the delegate system for selecting presidential and parliamentary candidates.

The Court, however, clarified that decisions, appointments and other lawful actions taken under the previous delegate system before the judgment remain valid and will not be overturned solely because of the ruling.

The case was determined by a seven-member panel made up of 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 members of the panel, while Justice Samuel Kwame Adibu-Asiedu and Justice Ernest Yao Gaewu dissented from the ruling.