The government of Ghana has formally backed a landmark Supreme Court case that seeks to change how political parties select their candidates. Deputy Attorney-General Justice Srem-Sai announced on Tuesday that the Attorney-General’s Department has filed legal arguments supporting the constitutional challenge. The case argues that all registered members of a political party should be allowed to vote in internal elections, not just selected delegates.
This constitutional question, known as the “Anti-Delegate System (ADS)” case, was filed by prominent figures including cardiac surgeon and former minister Kwabena Frimpong-Boateng, and politician Nyaho Nyaho-Tamakloe. Lawyer Oliver Barker-Vormawor is representing the plaintiffs. They are asking the highest court in Ghana to rule that every registered member in good standing within a political party has the right to participate in primaries. This directly challenges the current system where only a limited number of delegates elect parliamentary candidates and national executives.
The delegate system has been a long-standing point of contention. Critics argue it concentrates power in the hands of a small group. They also claim it makes internal party elections vulnerable to vote-buying and manipulation, potentially undermining democratic principles within parties. The Attorney-General's Department, by supporting this case, suggests a belief that broadening participation can strengthen Ghana's democracy. Deputy AG Srem-Sai described the case as highly significant for the nation's democratic development in the Fourth Republic.
Dr. Srem-Sai stated in a Facebook post that the department believes such a change could improve democracy in numerous ways. "We argued in support of the Plaintiff’s case," he wrote, indicating a strong endorsement of the plaintiffs' position. While specific financial data directly linked to the delegate system's costs or revenue generation from primaries is scarce, the political implications are substantial. The current system can influence campaign financing by directing resources to delegates. Opening primaries could foreseeably alter campaign strategies and spending patterns, potentially making campaigns more inclusive but possibly more expensive due to a wider voting base.
This legal challenge comes at a time when discussions about electoral reforms and party governance are gaining traction. The Supreme Court's decision could set a significant precedent for political party organization in Ghana. Observers will watch closely if this ruling leads to greater internal democracy and potentially reduces the influence of money in party politics. If the court rules in favour of the plaintiffs, political parties will need to adapt their structures and processes significantly before the next election cycles, impacting how parliamentary candidates are chosen and how national executives are elected, and potentially affecting the overall political landscape and campaign economics.