Minister of Government Communications Felix Kwakye Ofosu has expressed confusion over the need for the third-term presidential suits at the Supreme Court. He emphasized that President John Dramani Mahama has consistently stated that he is not interested in a third term in office. This has led to questions about the New Patriotic Party's (NPP) motives for pursuing the matter in court.
Kwakye Ofosu made these comments on TV3's Key Points program on October 31, 2026. He described the NPP's actions as scare-mongering tactics. According to him, there is no basis for the NPP's concerns about President Mahama's eligibility for a third term. The Minister's comments come after the NPP filed a writ with the Supreme Court seeking an interpretation of presidential term limits.
A Policy Analyst, Senyo Hosi, also speaking on the Key Points program, predicted that the Supreme Court will dismiss the third-term presidential limit suits. He argued that there is no merit to the NPP's case and that the court should focus on more pressing matters. Hosi's comments reflect the views of some who believe that the NPP's actions are premature and unnecessary.
Legal practitioner and policy analyst Austin Kwabena Brako-Powers has called for the dismissal of the NPP's writ. He argued that the action is premature and seeks a judicial pronouncement on a hypothetical future situation rather than an existing legal controversy. Brako-Powers cited several court cases to support his argument that the Supreme Court should not entertain the NPP's writ.
Brako-Powers referenced the Bilson v Attorney-General case, which emphasized that constitutional interpretation must arise within a justiciable dispute. He also cited the New Patriotic Party v National Democratic Congress and Others case, which established that a mere intention or future possibility may not constitute an actionable constitutional wrong. These cases, according to Brako-Powers, support the dismissal of the NPP's writ.
The NPP's writ concerns Article 66(2) of the 1992 Constitution, which prohibits a person from being elected President for more than two terms. The party is seeking declarations on how the term limit should apply in certain situations, including where presidential terms are interrupted. Brako-Powers questioned the basis for importing the United States' approach to presidential succession into Ghanaian constitutional law.
Brako-Powers warned that entertaining premature claims about prospective candidacies could encourage political parties to seek judicial pronouncements on hypothetical electoral disputes before any relevant act or decision has occurred. He maintained that the Supreme Court should dismiss the NPP's writ as premature and unnecessary. The court's decision will have implications for Ghana's electoral landscape and the interpretation of presidential term limits.
Key points
- President Mahama has consistently stated that he is not interested in a third term in office.
