Accra: The Supreme Court's landmark decision declaring the limitation of participation in political party primaries to delegates as unconstitutional has set the stage for significant reforms in Ghana's political finance landscape. This ruling mandates political parties to involve all members in good standing in their parliamentary and presidential primaries, marking one of the most pivotal decisions in the nation's Fourth Republic.
According to Ghana Web, the timing of this decision coincides with the government's release of its position paper following the recommendations from the Prof. Kwasi Prempeh Constitution Review Committee (CRC). The government has officially endorsed the Supreme Court's ruling and the CRC's advocacy for broader participation within political parties. By granting political parties a year to amend their constitutions, the Court has not only interpreted the Constitution but also created an opportunity for Ghana to address the escalating costs associated with political campaigns, which threaten democratic governance.
Grounded in the 1992 Constitution, the ruling aligns with Article 55(2), which guarantees citizens the right to partake in political activities shaping governance, and Article 55(5), which mandates that a political party's internal organization adhere to democratic principles. Traditionally, Ghana's delegate system has been fraught with issues like vote-buying and the commercialization of internal elections, as aspirants focused resources on swaying a limited number of delegates.
The Supreme Court's decision disrupts these practices, urging political parties to adopt grassroots mobilization and policy-driven campaigns. This shift is crucial as the financial burden of politics has become unsustainable, with research by the Ghana Centre for Democratic Development (CDD-Ghana) revealing that parliamentary candidates in 2020 spent, on average, over GHS4 million, while presidential campaigns can exceed US$100 million. This financial pressure often leaves candidates dependent on wealthy patrons, resulting in potential conflicts of interest and corruption once they assume office.
Ghana's current political finance laws lack stringent requirements for disclosing campaign donations or identifying financiers, fostering an environment ripe for state capture. Therefore, the Supreme Court's ruling is not just about enhancing internal party democracy but also serves as a call to Parliament to legislate comprehensive campaign finance reforms.
Article 55(17) empowers Parliament to regulate political parties through legislation. The current judgment reinforces the need for Parliament to enforce transparency by requiring disclosure of campaign finances, identifying major donors, and imposing spending limits. Moreover, it suggests establishing defined campaign periods to curb excessive spending and promote a level playing field.
The reform agenda also includes criminalizing vote-buying and bribery in party elections, which would support the Court's aim of fostering genuine democracy within parties. Critics have expressed concerns over logistical and financial challenges that expanding participation might impose on parties, yet these can be mitigated by public funding tied to strict auditing and compliance requirements.
To ensure effective oversight, the CRC recommended creating an Independent Registrar and Regulator of Political Parties and Campaigns. The government has accepted this recommendation and proposed the establishment of a Political Parties Regulatory Commission to enforce compliance and oversee campaign financing.
Parliament now faces the crucial task of enacting these reforms within a year. Failing to address the influence of money in politics could result in merely shifting from one flawed system to another. The constitutional moment presents a rare opportunity to enhance both party democracy and electoral integrity, ensuring that Ghana's political competition is driven by merit and transparency rather than financial influence.