A delegate with a TV set
The Supreme Court has directed political parties in the country to take steps to allow all members to participate in internal elections, effectively scrapping the age-old delegate system.
The apex court, in a 5-2 majority decision yesterday, held that the delegate system used by political parties to elect both presidential and parliamentary candidates over the years is inconsistent with democratic principles.
The majority panel made up of Chief Justice Paul Baffoe-Bonnie (presiding), Justices Gabriel Pwamang, Issifu Omoro Tanko Amadu, George Kingsley Koomson, and Senyo Dzamefe, with Justice Samuel Asiedu and Ernest Gaewu dissenting, therefore, directed political parties to review their policies within one year to allow all registered members in good standing to participate in the selection of candidates ahead of general elections.
The court, however, held that all decisions lawfully undertaken in good faith before the date of judgment shall remain.
Delegate System
The delegate system is often characterised by widespread reports of inducements (cash, gifts, and logistics), with the highest bidder often winning internal elections.
Critics of the system say it leads to incumbency advantage and presents an opportunity for office holders and financiers to influence delegate selection and voting through patronage networks, appointments, or control of party structures.
The delegate system also leads to candidates primarily often targeting delegates’ immediate interests instead of broader constituency needs.
In a more recent scenario, the National Democratic Congress (NDC) parliamentary primary in the Ayawaso East Constituency attracted national attention after reports emerged that some candidates distributed items including motorbikes, television sets, “butas” (ablution kettles), boiled eggs, ice chests, sanitary pads and cash to delegates during the exercise.
The Majority in Parliament described the developments as unacceptable, especially at a time the party was promoting an agenda to “reset” Ghana’s political culture.
Writ
Former Minister for Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong-Boateng, Dr. Nyaho Nyaho-Tamakloe and Dr. Christine Amoako-Nuamah filed a writ at the Supreme Court challenging the delegate system.
Dr. Nyaho-Tamakloe, reacting to the Supreme Court decision, described it as significant victory for Ghana’s democracy.
He was of the view that the apex court’s decision will help restore merit-based politics and ensure that political leadership is determined through broader participation rather than the influence of a few individuals.
“The Supreme Court decision is indeed a good decision for democracy. If democracy must continue, then it must be merit-based. Otherwise, it has no meaning,” he said.
The plaintiffs had argued that restricting voting rights to a limited number of delegates was inconsistent with the democratic principles enshrined in Ghana’s 1992 Constitution.
They contended that the system created inequality among party members by granting electoral rights to a privileged minority while excluding ordinary members in good standing.
The plaintiffs sought among others, a declaration that the delegate systems contained in the constitutions of the New Patriotic Party (NPP), National Democratic Congress (NDC) and Convention People’s Party (CPP) were unconstitutional, as well as orders compelling the parties to amend their constitutions to allow equal, direct and meaningful participation by all members in good standing.
They also sought directives requiring the Electoral Commission (EC) to ensure that political party constitutions comply with the democratic requirements of the Constitution and the Political Parties Act.
The plaintiffs further contended that political parties, as institutions recognised under Article 55 of the Constitution, are required to organise and operate in accordance with democratic principles, making broad participation in internal elections a constitutional imperative.
AG Agrees
The Attorney General (AG) supported the plaintiffs’ position, noting that political parties perform an important public function within Ghana’s democratic framework.
The Office of the Attorney General contended that their internal electoral processes should reflect the constitutional values of equality, participation and universal suffrage.
In its response, the Office urged the court to grant the reliefs sought by the plaintiffs and adopt a ‘one member, one vote’ approach to internal political party elections.
Again, the Attorney General averred that expanding voting rights to all registered members would strengthen accountability and deepen internal democracy.
BY Gibril Abdul Razak