Supreme Court strikes down delegate system for party primaries as unconstitutional

The Supreme Court has declared that political parties cannot restrict the election of presidential and parliamentary candidates to delegates alone.

In a majority decision delivered on Wednesday, the court held that all registered members of a political party must be allowed to vote in the selection of candidates for general elections.

The decision affects the delegate-based electoral college systems commonly used by political parties to choose presidential and parliamentary candidates.

A seven-member panel, presided over by Chief Justice Paul Baffoe-Bonnie, delivered the judgment by a 5-2 majority.

The court held that limiting the vote to a narrow group of executives, officeholders and selected delegates, while excluding the wider party membership, violates Article 55(5) of the 1992 Constitution.

The ruling means internal party processes for selecting candidates must now comply with the constitutional requirement that political parties operate democratically.

The court also held that the Electoral Commission has a statutory duty to ensure that the internal activities of political parties conform with Article 55(5).

However, the Supreme Court made it clear that the ruling will not automatically undo past party decisions.

It said decisions, appointments and votes made in good faith before the judgment remain valid and will not be invalidated solely because of the decision.

The full reasons for the judgment are expected to be filed by August 5, 2026.

The decision is likely to have major implications for how political parties organise presidential and parliamentary primaries ahead of future elections.