Ghana’s Supreme Court has cited research by the Ghana Center for Democratic Development (CDD-Ghana) in a landmark ruling declaring the use of delegate-based systems by political parties to select presidential and parliamentary candidates unconstitutional.
In its judgment in Prof. Kwabena Frimpong-Boateng & 2 Others v. New Patriotic Party & 4 Others, the Court held that the internal organization of political parties must conform to the democratic principles required under Article 55(5) of the 1992 Constitution. The Court found that limiting participation in the selection of candidates to a relatively small group of delegates was inconsistent with the constitutional commitment to broad democratic participation. The Court consequently declared the use of the delegate system unconstitutional. The parties were given one year from the date of the judgment to establish systems that enable all registered members in good standing, as determined by their party constitutions, to vote directly in the selection of presidential and parliamentary candidates.
In reaching its conclusion, the Court drew on evidence concerning the cost and monetization of political party primaries from two CDD-Ghana research publications: The Cost of Politics in Ghana (2018), published by CDD-Ghana and the Westminster Foundation for Democracy (WFD), and Understanding How Dirty Money Fuels Campaign Financing in Ghana: An Exploratory Study (2021), published by CDD-Ghana and Adam Smith International.
The 2021 study estimated that the cost of running for Parliament in Ghana was approximately GH¢4 million, with about GH¢2 million spent on nurturing a constituency and running in party primaries. The study linked the rising cost of political contests to the monetization of politics and documented how party officials and delegates could become targets of financial inducements during internal party elections.
Similarly, the 2018 ‘The Cost of Politics in Ghana’ report found that the cost of running for political office increased by 59 percent between 2012 and 2016, with candidates requiring an average of GH¢389,803 to secure a party primary nomination and compete in the parliamentary election. The study identified party primaries, particularly within Ghana’s two main political parties, as costly contests in which the ability to spend money was an important factor in electoral success.
The Supreme Court noted that the concentration of voting power among a relatively small number of delegates creates conditions conducive to the monetization of internal party elections. It further observed that a broader electorate would distribute political power among thousands of ordinary party members, making electoral outcomes less susceptible to being determined by a small number of transactions.
The ruling brings renewed attention to longstanding concerns around internal party democracy, the cost of political participation and the influence of money in candidate selection.
For CDD-Ghana, the Supreme Court’s citation of its research emphasizes the value of sustained, evidence-based research in informing public debate and contributing to the understanding of constitutional and democratic challenges in Ghana. The two studies form part of CDD-Ghana’s broader body of work examining political financing, the cost of political participation and the quality of democratic processes in Ghana. As part of its critical work in this area, the Center has developed a model law on political financing, which it is currently engaging stakeholders on. The Center is also working with the African Union Advisory Board Against Corruption (AUABC) to develop a model law on political financing for the continent.
