Ghana Supreme Court declares Electoral College system unconstitutional

• The Ghana Supreme Court has declared the Electoral College system unconstitutional.
• The court's decision is based on Article 55(5) of the 1992 Constitution, which requires political parties to conform to democratic principles.
• All registered party members now have equal voting rights and can participate in the election of candidates.
• This ruling marks a significant shift in Ghana's election law, promoting greater democracy and accountability within political parties.

The court held that the Electoral College system or delegates vote system breaches Article 55(5) of the 1992 Constitution, and therefore unconstitutional.

In a landmark decision, the Ghana Supreme Court has ruled that the Electoral College system is unconstitutional. By a 5-2 majority vote, the court held that this system breaches Article 55(5) of the 1992 Constitution. This ruling effectively ends the Electoral College system, which allowed a limited number of delegates to elect parliamentary and presidential candidates during internal elections.

The plaintiffs, led by Prof. Kwabena Frimpong-Boateng and Dr Nyaho Nyaho-Tamakloe, argued that this system contravened democratic principles and restricted voting rights for party members in good standing.

The court's decision was based on the plaintiffs' argument that the Electoral College system violates Article 55(5) of the 1992 Constitution. This article requires political parties to conform to democratic principles and ensure equal voting rights for members in good standing. The plaintiffs also cited other constitutional provisions, including Articles 1, 17, 33(5), 35(6)(d), 42, which they argued were breached by the Electoral College system.

The court's ruling has significant implications for political parties in Ghana, as it effectively ends the use of Electoral Colleges to elect candidates. This decision is expected to lead to changes in the internal organization of political parties and their electoral arrangements.

This ruling marks a significant shift in Ghana's election law, with far-reaching implications for political parties and their members. The court's decision ensures that all registered party members have equal voting rights and can participate in the election of candidates. This is expected to promote greater democracy and accountability within political parties.

Lawyers and compliance officers should note that this ruling effectively ends the Electoral College system, which may impact clients' internal party elections and voting processes. They should review their clients' electoral arrangements to ensure they comply with the new constitutional requirements.

Lawyers and compliance officers should note that this ruling effectively ends the Electoral College system in Ghana, which may impact their clients' internal party elections and voting processes. They should review their clients' electoral arrangements to ensure they comply with the new constitutional requirements.

Source: Original reporting via SC Landmark Ruling - All Card-Bearing Members Can Vote