The New Patriotic Party (NPP) has filed a suit with the Supreme Court of Ghana, seeking an interpretation of the country's constitutional provisions governing presidential term limits. The party wants the court to clarify whether the term limit means a maximum of two terms, either consecutive or non-consecutive. This move aims to bring clarity to public discussions on President John Dramani Mahama's eligibility to seek another term in office in 2028.
The NPP's suit, filed on July 28, 2026, by the party's solicitor, Godfred Yeboah Dame, names the Attorney-General as the defendant. The party is seeking declarations on the interpretation of Articles 58(2) and 66(1), (2) and (3)(a) of the 1992 Constitution. The NPP wants the court to declare that the presidential term limit means a maximum of two terms, whether consecutive or non-consecutive, and that a person cannot be elected President more than twice.
The suit also seeks clarification on the eligibility of a Vice-President who assumes the presidency for more than half of a predecessor's unexpired term. The NPP wants the court to declare that such a person would be eligible to contest for election as President for only one term. Additionally, the party is seeking clarification on whether a person who has previously served one presidential term may serve only one additional term, regardless of whether the two terms are consecutive.
The NPP's move follows public debate over the interpretation of the constitutional phrase "two terms." The party argues that an interpretation allowing a person who has served one term, lost an attempt at immediate re-election, and later returned to office to serve two additional terms would be a threat to the constitutional framework governing presidential tenure. The NPP describes this proposition as "absurd" and "dangerous for the democracy, peace, and stability of the nation."
The NPP's arguments draw on international examples, including the United States' 22nd Amendment, which limits the number of times a person may be elected President. The party also refers to constitutional developments in other African countries and argues that attempts to alter presidential term limits have contributed to political instability in some jurisdictions. The NPP cites the Constitution Review Commission's 2011 report, which recommended an amendment to clarify that a person who has served two presidential terms would not qualify to stand for re-election.
The suit is aimed at preventing potential manipulation of the Constitution and ensuring that the country's democratic principles are upheld. The NPP argues that adopting an interpretation that allows for more than two terms would effectively introduce words into the Constitution that are not contained in the text. The party believes that this would sanction manipulation of clear provisions in the Constitution and involve amending the Constitution through judicial fiat.
The Supreme Court's interpretation of the constitutional provisions governing presidential term limits is expected to have significant implications for Ghana's democracy and politics. The court's decision will provide clarity on President John Dramani Mahama's eligibility to seek another term in office in 2028 and set a precedent for future interpretations of the Constitution.
Key points
- NPP seeks Supreme Court interpretation on presidential term limits
- Party wants clarity on whether term limit means maximum of two consecutive or non-consecutive terms
- Court's decision expected to have significant implications for Ghana's democracy and politics
