The Supreme Court’s decision declaring the delegate system used by political parties unconstitutional marks a turning point in Ghana’s democratic journey and is expected to reshape internal party elections significantly, Private Legal Practitioner Lawyer Eric Offei (Mugai) has said.
Speaking in an interview on the Atlantic Wave morning show on Thursday, Lawyer Offei described the judgment as a landmark constitutional decision that broadens democratic participation by allowing more party members to take part in choosing their leaders.
Ruling expands participation in party elections
According to Lawyer Offei, the delegate system restricted the right to vote in internal party elections to a small group of selected delegates, leaving many card-bearing members without a voice in electing parliamentary candidates, presidential candidates and party executives.
He explained that the judgment effectively removes that exclusion and strengthens internal democracy within political parties.
“This ruling fundamentally changes how internal party democracy will operate in Ghana. Party members who were previously excluded from voting simply because they were not delegates can now expect a more inclusive electoral process,” he stated.
Constitutional principles behind the judgment
Although the Supreme Court is yet to publish its full written judgment, Lawyer Offei believes the ruling was grounded in several key provisions of the 1992 Constitution.
He pointed to Article 1 on the supremacy of the Constitution, Article 17 on equality before the law and freedom from discrimination, Article 42 on citizens’ right to participate in elections, Article 55(5) requiring political parties to conform to democratic principles, and Article 35, which promotes participatory democracy and accountability.
He argued that no political party’s constitution can override Ghana’s Constitution by excluding qualified members from participating in the selection of their leaders.
Political parties face major reforms
Lawyer Offei noted that the ruling will require political parties to review and amend their constitutions to comply with the Supreme Court’s directive within the stipulated period.
He said parties would also need to redesign their electoral processes to accommodate a much larger voting population during internal elections.
Higher election costs expected
While welcoming the ruling, Lawyer Offei acknowledged that implementation would come with financial challenges.
He explained that expanding participation would increase the cost of organizing internal elections, including payments to the Electoral Commission, security deployment, ballot printing, logistics and other operational expenses.
Despite the higher costs, he believes the decision could reduce the influence of money in party primaries because candidates would have to appeal to a much larger electorate rather than a relatively small number of delegates.
State funding debate likely to return
Lawyer Offei also suggested that the judgment could revive discussions on state funding for political parties.
He observed that the Supreme Court’s decision expands the responsibilities of political parties without guiding how the increased cost of internal elections should be financed.
According to him, this could prompt renewed national debate on whether the state should provide financial support to political parties to strengthen Ghana’s democratic system.
A landmark decision for Ghana’s democracy
Lawyer Offei expressed confidence that the judgment is firmly rooted in constitutional principles and questioned the prospects of any successful appeal.
He maintained that the ruling represents one of the most significant constitutional decisions under the Fourth Republic and is expected to deepen internal democracy, promote inclusiveness and redefine how political parties elect their leaders in Ghana.
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