In a landmark decision, Ghana’s Supreme Court has ruled that although opening political party primaries to all registered members will not abolish money politics, it will make electoral corruption significantly more difficult.
This pivotal stance was set out in the judgment of Prof. Frimpong-Boateng & 2 Others v NPP & 4 Others, in which a seven-member panel, by a 5–2 majority, declared the delegates system used by political parties to elect their presidential and parliamentary candidates unconstitutional.
The panel, comprising Chief Justice Paul Baffoe-Bonnie, Justice Gabriel Scott Pwamang, Justice Issifu Omoro Tanko Amadu, Justice Samuel Kwame Adibu-Asiedu, Justice Senyo Dzamefe, Justice Ernest Yao Gaewu, and Justice George Kingsley Koomson, emphasized that while corruption may not be eradicated overnight, broadening participation is an essential step toward strengthening Ghana’s democracy.
An excerpt of the judgment, shared on Facebook by Deputy Attorney General Justice Srem-Sai, addressed concerns that expanding participation would not automatically wipe out vote-buying. Chief Justice Baffoe-Bonnie candidly stated that the Court was under no illusion that such corruption would simply vanish.
“True, opening party primaries to every party member is no guarantee that money politics will disappear. Corruption is remarkably adaptable. It often changes its form rather than vanish altogether. Yet constitutional adjudication rarely offers perfect solutions. The Court is often required to choose the course that best promotes constitutional values in imperfect circumstances,” he noted.
Chief Justice Baffoe-Bonnie explained that the delegates system, by concentrating power in the hands of a select few, made targeted inducements easier and more attractive to those seeking to influence outcomes. “Concentrating decisive electoral power in a relatively small body of delegates inevitably increases the value of each delegate’s vote. It creates a smaller market, a more identifiable electorate and, therefore, a more attractive environment for targeted inducements. A broader electorate may increase campaign costs, but it also disperses political power among thousands of ordinary members, making it considerably more difficult for electoral outcomes to be shaped by a relatively small number of transactions,” he explained.
For the Supreme Court, the critical question was not whether the new system would entirely eliminate corruption, but whether it would better advance the democratic values enshrined in Ghana’s Constitution.
Chief Justice Baffoe-Bonnie concluded that the nation’s constitutional democracy requires political parties to adopt a broader, more inclusive model for internal elections. “For that reason, this Court may legitimately conclude that, at this stage of Ghana’s democratic development, fidelity to the Constitution requires political parties to embrace the model of democracy that the Constitution itself consistently prefers for the purpose of constituting political authority.”
With this judgment, the Supreme Court has mandated political parties to abandon the delegates system in favour of broader participation by their members in the selection of party executives and candidates, a move seen as a milestone in Ghana’s evolving democratic journey.
Source: Apexnewsgh.com