The New Patriotic Party (NPP) has filed a suit at Ghana's Supreme Court seeking clarification on the eligibility of President John Dramani Mahama to contest the 2028 presidential election. Mahama previously served two terms in office. The NPP wants the court to interpret the presidential term limit provisions of the 1992 Constitution. This will determine whether the two-term limit applies to solely consecutive terms or non-consecutive terms as well.
The NPP is seeking declarations on the meaning of Articles 58(2) and 66(1), (2) and (3)(a) of the Constitution. The party wants the Supreme Court to declare that a person can be elected President only twice, regardless of whether the terms are served consecutively or are separated by a period out of office. This could impact Mahama's eligibility to contest the 2028 election.
The writ of summons and statement of case were filed by the party's solicitor, Godfred Yeboah Dame of Dame & Partners. The Attorney-General has been named as the defendant. The NPP is also seeking clarification on the eligibility of a Vice-President who assumes the presidency for more than half of the remaining term of a predecessor.
The party wants the court to declare that such a person would be eligible to contest for only one additional presidential term. The NPP is further asking the court to determine whether a person who has previously served one presidential term can serve only one more term, regardless of whether the two terms are consecutive.
The suit comes amid public debate over whether the constitutional phrase "two terms" means two consecutive terms or a maximum of two terms in total. The NPP argues that interpreting the provision to mean two consecutive terms could allow a former President who has served one term, lost an attempt at immediate re-election and later returned to office to serve two additional terms.
According to the party, such an interpretation would undermine the constitutional framework governing presidential tenure. The NPP refers to international examples, including the 22nd Amendment of the United States Constitution, which limits the number of times a person can be elected President. The party also cites constitutional developments in other African countries.
The NPP relies on the 2011 report of the Constitution Review Commission, which recommended an amendment to clarify that a person can be elected President only twice. The party's actions aim to clarify the term limits for Ghana's President, preventing potential instability.
Key points
- NPP files suit at Supreme Court to clarify presidential term limits
- Case may impact John Dramani Mahama's eligibility for 2028 election
- Party seeks interpretation of constitutional provisions on presidential tenure
