Ghana's Majority Chief Whip, Rockson-Nelson Dafeamekpor, has expressed concerns over the New Patriotic Party's (NPP) recent suit at the Supreme Court. The suit seeks an interpretation of the constitutional two-term limit for presidents, which may impact President John Dramani Mahama's eligibility to contest the 2028 elections. Dafeamekpor argues that the NPP's case lacks a clear legal basis. He cited previous Supreme Court decisions to support his stance.
The NPP's suit aims to determine whether the two-term limit applies to consecutive and non-consecutive presidential terms. The party seeks declarations that no person may be elected president more than twice or serve more than eight years in total. Dafeamekpor disagrees with the NPP's approach, stating that constitutional provisions expressed in clear and unambiguous language do not require judicial interpretation. He referenced the Supreme Court's decision in Tait v Ghana Airways.
Dafeamekpor quoted the Supreme Court's decision in Tait v Ghana Airways, 2 GLR 527, which states that unless the words of an article of the Constitution are imprecise and ambiguous, an issue of interpretation does not arise. He also referred to previous decisions, including Bimpong-Buta v GLC, Mark Assibey-Yeboah v ECG, and Attorney-General and Ex Parte Dr Zanetor A. Rawlings. These cases support his position that litigants should not frame matters as constitutional interpretation cases when the relevant provisions are clear.
The South Dayi MP warned that the Supreme Court has previously cautioned against bringing cases that do not raise genuine constitutional interpretation issues. The court has indicated that punitive costs could be imposed in such circumstances. Dafeamekpor cited Edusei v Attorney-General [1996–97] SCGLR 1, in which Justice Acquah cautioned lawyers against raising constitutional issues where none existed.
Dafeamekpor emphasized that lawyers should not raise constitutional issues unnecessarily, merely to waste the court's time. He invoked the Latin maxim ex nihilo, nihil fit, meaning "out of nothing, nothing comes." The MP's comments reflect his concerns over the NPP's suit and its potential implications for Ghana's presidential term limits.
The NPP's suit has sparked debate over President John Dramani Mahama's eligibility to contest the 2028 elections. Dafeamekpor's reaction highlights the complexities surrounding Ghana's constitutional provisions. The Supreme Court's decision on the matter may have far-reaching consequences for Ghana's democracy.
The case is set to be heard by the Supreme Court, which will determine whether the NPP's suit has a valid legal basis. Dafeamekpor's comments have added to the discussion, emphasizing the need for clarity on Ghana's constitutional provisions. The court's ruling will provide guidance on the interpretation of the two-term limit for presidents.
Key points
- Dafeamekpor questions the NPP's suit, citing previous Supreme Court decisions.
- The NPP's suit seeks to clarify the two-term limit for presidents.
- The case may impact President John Dramani Mahama's eligibility to contest the 2028 elections.
