Ghana’s democracy is often lauded for its peaceful elections, credible results, and orderly transfers of power. However, a crucial democratic moment often occurs earlier, within political parties, away from public view.
A lawsuit challenging delegate-based party primaries in Ghana highlights a critical question: who truly chooses leaders—the people or the gatekeepers controlling access to the ballot?
Across Africa, political parties serve as pipelines to state power, particularly in dominant-party or two-party systems. Winning a party primary frequently determines who governs. However, the rules governing these primaries often empower a small group—delegates, executives, or stakeholders—rather than the broader membership who contribute to campaigning, fundraising, and mobilization. Initially adopted after independence to manage scale and prevent fragmentation, delegate systems were intended as buffers between the masses and power. Over time, this stabilizing logic evolved into concentrated power, rewarding loyalty over legitimacy and creating obstacles to political ambition.
The current legal challenge is intertwined with the recent New Patriotic Party presidential primary, contrasting the campaigns of Kennedy Agyapong and Dr. Mahamudu Bawumia. Agyapong’s campaign resonated with many party members, evidenced by large rallies and widespread appeal. Yet, under the delegate system, relationships, networks, and institutional familiarity proved more decisive than grassroots enthusiasm. Dr. Bawumia, as Vice President, benefited from institutional advantages and prevailed, reflecting a common pattern in African party politics. This history suggests a potential repeat, with Dr. Bawumia well-positioned among delegates and Agyapong facing similar structural obstacles.
The lawsuit before the Supreme Court does not seek to select candidates or rewrite party constitutions. Instead, it questions how democratic political parties must be when choosing potential presidents. Plaintiffs argue that internal party rules cannot be considered purely private when their effects are public and national. Candidate selection is a gateway to constitutional power, and excluding millions of registered members while a small group exercises decisive control undermines democratic principles. The case aims to ensure parties operate democratically in practice, not just in rhetoric.
While courts are typically cautious about intervening in party affairs, the case could succeed by establishing minimum democratic standards—fairness, meaningful participation, limits on vote dilution, and accountability in candidate selection—without dismantling delegate systems.
The logic of concentrated power within parties is comparable to restricting leadership selection in organizations like the Ghana Football Association. Political parties, like football associations, have a public impact, and the question of whether power should remain with a few or be opened to the many is increasingly relevant across Africa.
Globally, courts have been hesitant to dictate how parties choose candidates, but have intervened when internal rules lead to extreme
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