Kwaku Azar, Kofi Bentil, Gary Ninako, Barker-Vormawor React to Supreme Court Delegate System Ruling

Kwaku Azar, Kofi Bentil, Gary Ninako, Barker-Vormawor React to Supreme Court Delegate System Ruling

  • Ghana's Supreme Court struck down the delegate system used by political parties to select presidential and parliamentary candidates in a 5-2 majority ruling
  • Lawyer Oliver Barker-Vormawor, who represented plaintiffs in the case, celebrated the outcome alongside a second Supreme Court win on the same day
  • Legal and policy voices including Kwaku Azar, Kofi Bentil, and NPP's Gary Nimako Marfo raised competing questions about how parties should now proceed

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Ghana's Supreme Court (SC) has declared the delegate system used by political parties to elect their presidential and parliamentary candidates unconstitutional, issuing a 5-2 majority ruling that compels all parties to open their primary processes to full membership participation.

Under the now-invalidated arrangement, a select group of party representatives voted on behalf of the broader membership during internal elections.

Ghana's Supreme Court, delegate system, political parties, elect presidential and parliamentary candidates unconstitutional, Kwaku Azar, Kofi Bentil, Barker-Vormawor
Kwaku Azar, Kofi Bentil, Barker-Vormawor, and others react to the Supreme Court ruling on delegate system. Photo credit: Kwaku Azar, Kofi Bentil, Barker-Vormawor/Facebook.
Source: Facebook

The Supreme court has given all political parties one year from the date of the judgment to comply with the new requirement.

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Barker-Vormawor celebrates double win

Osagyefo Oliver Barker-Vormawor, who served as counsel for the plaintiffs, described the ruling as a personal honour.

He noted that his legal team had argued the case alongside colleagues Kizito Beyuo, Samson Anyenini and Kojo Akapame, representing 14 civil society organisations.

"2 wins in the Supreme Court on the same day. I couldn't have asked for more. Even as Oliver Twist. Shalom," he wrote.

Read Barker-Vormawor's Facebook post below:

Kwaku Azar's delegate system ruling

US-based Ghanaian lawyer Kwaku Azar welcomed the ruling but acknowledged that the harder work lies ahead.

He proposed a system of concurrent voter and party registration, under which citizens would declare their party affiliation at the time of registering to vote, with the Electoral Commission maintaining the database and administering primaries.

Kwaku Azar argued this would reduce the influence of narrow delegate blocs, improve transparency and prevent manipulation of membership registers by party executives.

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"Today is a good day to be a Ghanaian," he wrote, adding that the ruling "marks a profound moment in our constitutional development."

Read Kwaku Azar's Facebook post below:

NPP legal director's reaction

NPP Director of Legal Affairs Gary Nimako Marfo raised a more practical concern, questioning who would bear the financial cost of conducting party primaries following the ruling, according to a report by Citi News.

The ruling has ignited a broader policy conversation about how Ghana's political parties will restructure their internal processes within the court's one-year compliance window.

Watch the Facebook video below:

IMANI Africa's Kofi Bentil reacts to ruling

However, not all responses were celebratory. Kofi Bentil, a private legal practitioner and Vice President of IMANI Africa, argued that Ghana lacks the systems required to make universal membership voting in party primaries workable.

He raised specific concerns about certifying which party a voter belongs to and preventing supporters of one party from voting en masse in a rival party's primary.

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"This judgment will work more absurdities and create more problems than it solves," he wrote.

Read Kofi Bentil's Facebook post below:

SC dismisses challenge to OSP's prosecutorial powers

Meanwhile, YEN.com.gh reported that the Supreme Court unanimously dismissed a case challenging the prosecutorial powers of the Office of the Special Prosecutor.

The apex court ruled that Act 959, which established the OSP, is consistent with Ghana's 1992 Constitution.

The court's ruling also clarified the scope of the Attorney-General's authority in relation to OSP prosecutions.

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Source: YEN.com.gh

Authors:
Salifu Bagulube Moro avatar

Salifu Bagulube Moro (Human-Interest Editor) Salifu Bagulube Moro is a Current Affairs Editor at YEN.com.gh. He has over five years of experience in journalism. He graduated from the Ghana Institute of Journalism in 2018, where he obtained a Bachelor’s Degree in Communication Studies with a specialization in Journalism. Salifu previously worked with Opera News as a Content Management Systems (CMS) Editor. He also worked as an Online Reporter for the Ghanatalksbusiness.com news portal, as well as with the Graphic Communications Group Limited as a National Service Person. Salifu joined YEN.com.gh in 2024. Email: salifu.moro@yen.com.gh.