Policy Analyst Senyo Hosi has predicted that Ghana's Supreme Court will dismiss the New Patriotic Party's (NPP) suits seeking interpretation of presidential term limits. According to Hosi, there is nothing to be gained by pursuing this matter in court, citing the numerous cases currently before the Supreme Court. He made these comments on TV3's Key Points program on October 31, 2026.
The NPP's writ concerns Article 66(2) of Ghana's 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, particularly in cases where presidential terms are interrupted. This includes scenarios where a Vice-President assumes the presidency and later seeks election.
Legal practitioner Austin Kwabena Brako-Powers has also called for the dismissal of the NPP's writ, describing it as premature and unnecessary. He argues that there is no live constitutional dispute requiring the court's intervention, citing the Supreme Court's emphasis on constitutional interpretation arising within a justiciable dispute.
Brako-Powers referenced several past cases, including Bilson v Attorney-General and New Patriotic Party v National Democratic Congress and Others, to support his argument. He maintained that Article 66(1) and (2) of the 1992 Constitution is clear on presidential tenure and the two-term limit, leaving no ambiguity that requires the court's interpretation.
The NPP's writ also seeks a declaration on whether serving more than half of a predecessor's unexpired term should count as a full term for presidential eligibility purposes. Brako-Powers questioned the basis for importing the United States' approach to presidential succession into Ghanaian constitutional law, arguing that Ghana's Constitution does not contain a similar formula.
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 emphasized that the Supreme Court should not be asked to clarify what the constitutional text already states plainly.
Senyo Hosi and Brako-Powers' comments come as the Supreme Court considers the NPP's writ. The court's decision will have implications for Ghana's presidential term limits and the eligibility of future candidates.
Key points
- The Supreme Court will dismiss the NPP's suits seeking interpretation of presidential term limits.
- The NPP's writ concerns Article 66(2) of Ghana's 1992 Constitution.
- The court's decision will have implications for Ghana's presidential term limits and future candidate eligibility.
