Economic Policy Analyst Senyo Hosi has predicted that Ghana's Supreme Court will dismiss five suits currently before it, seeking interpretation of the country's presidential term limit. Mr. Hosi described the cases as without merit, stating that the Supreme Court will throw out the suits. He made these comments on TV3's The KeyPoints on October 31. According to Mr. Hosi, the court has no basis to entertain the suits due to the clarity of Article 66(2) of the 1992 Constitution.
The suits centre on Article 66(2) of Ghana's 1992 Constitution, which states that a person shall not be elected to hold office as President of Ghana for more than two terms. Each term is four years under Article 66(1). The legal dispute revolves around whether the two-term limit is an absolute lifetime cap or applies only to consecutive terms. Five cases are pending against the Attorney-General on this issue, filed between December 2025 and July 2026.
Deputy Attorney-General Dr. Justice Srem-Sai confirmed the five pending cases in August. The cases were filed by various individuals and the New Patriotic Party (NPP). The NPP's suit, filed by its lawyer Godfred Yeboah Dame, seeks a declaration that "two terms" means a maximum of two terms, whether consecutive or non-consecutive, and that no person can hold office for more than eight years in total.
The issue has gained significant political traction due to President John Dramani Mahama's return to office in January 2025, after serving from 2012 to 2017. Some suits seek an interpretation that would bar a third term, while others reportedly seek to allow it. The Supreme Court has yet to fix a date for hearing the consolidated suits.
Legal scholar Prof. Stephen Kwaku Asare, also known as Kwaku Azar, shares Mr. Hosi's sentiments. Prof. Asare argues that the Supreme Court should not act as a "constitutional advice centre" and should dismiss cases that fail to disclose a genuine constitutional dispute, citing the Bilson case.
Mr. Hosi expressed concern about the number of cases at the Supreme Court, stating that this is not where Ghana should be wasting its time. He emphasized that Article 66(2) of the 1992 Constitution is clear, and attempts to create ambiguity where none exists should not be encouraged.
The Supreme Court's decision on these suits will have significant implications for Ghana's presidency. The court's interpretation of the two-term limit will determine whether President Mahama is eligible for a third term. The court's ruling will also provide clarity on whether a Vice-President who takes over for more than half of an unexpired term can contest for only one more term.
Key points
- The Supreme Court will likely dismiss the suits due to the clarity of Article 66(2) of Ghana's 1992 Constitution.
