By: Evans Osei-Bonsu
The Supreme Court has safeguarded all previous presidential and parliamentary primaries conducted under the delegates system, ruling that its landmark decision abolishing the electoral college method will apply only to future elections.
In a significant clarification to its 5–2 majority judgment in Prof. Frimpong Boateng and 2 Others v. New Patriotic Party and 4 Others, the apex court held that while political parties can no longer elect presidential and parliamentary candidates through delegates systems, every election, appointment and decision lawfully made under the previous arrangement will remain valid.
The Court stated that “all decisions, appointments and elections lawfully undertaken pursuant to the internal impugned arrangements before the judgment shall remain valid and shall not be invalidated by the judgment.”
The ruling means that political parties will not be required to rerun previous presidential or parliamentary primaries, despite the Court’s declaration that the delegates system is unconstitutional.
Instead, the justices directed all political parties to make the necessary arrangements within one year to transition to a system that allows all card-bearing members to vote in the selection of presidential and parliamentary candidates. The Court said its full reasons for the decision will be filed at the Court Registry on August 5.
The case was brought by former Minister for Environment, Science, Technology and Innovation, Prof. Frimpong Boateng, and two others, who challenged the constitutionality of the delegates system, arguing that restricting voting rights to selected delegates disenfranchised ordinary party members and undermined democratic participation.
The Supreme Court agreed, declaring that political parties must open their presidential and parliamentary primaries to all registered card-bearing members.
However, by preserving the validity of past elections and appointments, the Court has ensured that the judgment will not disrupt existing party and other decisions lawfully taken under the former system by political parties.
The decision is expected to reshape internal party democracy in Ghana while providing legal certainty for political parties as they prepare to implement the new electoral framework over the next year.
Source: Purefmonlinegh.com || Evans Osei-Bonsu || 2026
