Justice Abdulai warns NPP over Supreme Court suit on term limits

Justice Abdulai has cautioned the New Patriotic Party (NPP) against utilizing the Supreme Court to resolve speculative political disputes. His comments follow a legal challenge initiated by the NPP seeking clarification on constitutional presidential term limits, a move widely interpreted as an attempt to address President John Mahama's eligibility for the 2028 general elections. Abdulai emphasized that the judiciary's primary role is to adjudicate genuine legal controversies rather than providing advisory opinions or acting as a lawyer for political actors.

Speaking on the matter, Abdulai remarked that the apex court should not be treated as a legal consultant for hypothetical scenarios. While he acknowledged that a definitive interpretation of the Constitution’s provisions on term limits would be beneficial for the country’s democratic maturity, he warned that the court's ability to exercise its jurisdiction properly is hindered by cases that lack substantive legal injury. The suit in question seeks to clarify whether the two-term limit applies to non-consecutive terms, a point of contention given President Mahama’s unique position of having served from 2012 to 2017 and returning to office in 2025.

The legal debate centers on the interpretation of Article 66 of the 1992 Constitution, which limits a person to two four-year terms as President. The NPP’s suit aims to determine if the constitutional bar applies to any individual who has already served two terms, regardless of whether those terms were consecutive. With President Mahama currently serving his second term, the outcome of this interpretation will fundamentally shape the political landscape for the 2028 elections and establish a permanent legal precedent for future presidential transitions in Ghana.