Omanghana
The New Patriotic Party (NPP) has filed a suit at the Supreme Court seeking clarification on whether Ghana’s constitutional limit of two presidential terms applies regardless of whether those terms are served consecutively.
The action names the Attorney-General as the defendant. The party is represented by former Attorney-General Godfred Yeboah Dame of Dame & Partners.
The NPP is asking the court to affirm that an individual cannot be elected President more than twice, even where a period outside office separates the two terms.
Party Challenges Consecutive-Term Interpretation
The case concerns Articles 58(2) and 66 of the 1992 Constitution, among other provisions governing presidential tenure.
Article 66(1) establishes a four-year presidential term, while Article 66(2) prohibits a person from being elected President for more than two terms. The provision does not use the word “consecutive.”
The NPP argues that interpreting the restriction as applying only to consecutive terms would introduce wording absent from the Constitution.
According to the party, that interpretation could allow a former president who served one term, lost re-election and subsequently returned to office to seek two additional terms. It contends that such a reading would undermine constitutional safeguards and effectively amend the Constitution through a judicial decision.
Succession Rules Also Raised
The party is also seeking clarification on presidential eligibility following succession by a Vice-President.
Article 60(7) provides that where the unexpired period served by a Vice-President exceeds half of a full presidential term, that person is subsequently eligible to serve only one full term as President.
The threshold therefore concerns half of a full presidential term, rather than half of whatever period remained when the Vice-President assumed office.
Constitutional and Political Implications
In support of its position, the NPP cites the United States’ 22nd Amendment and recommendations contained in Ghana’s 2011 Constitution Review Commission report. It also raises concerns about the political consequences of attempts to extend presidential tenure elsewhere in Africa.
The lawsuit comes amid public debate about President John Dramani Mahama’s eligibility for the 2028 election, given his non-consecutive elected terms.
The declarations sought represent the NPP’s legal position. The filing itself does not constitute a Supreme Court ruling on the questions raised.
Source: Omanghana
