NPP asks Supreme Court to clarify presidential term limits

The New Patriotic Party (NPP) has filed a lawsuit at the Supreme Court seeking a definitive interpretation of Ghana’s constitutional two-term limit for presidents. The writ, filed by solicitor Godfred Yeboah Dame in late July 2026, asks the court to determine whether Article 66(2) of the 1992 Constitution limits an individual to a maximum of two four-year terms in total, regardless of whether those terms are served consecutively or are interrupted by a period out of office. The move aims to clarify the eligibility of President John Mahama to contest the 2028 presidential election, as he is currently serving a non-consecutive second term following his inauguration on 7 January 2025.

In its legal arguments, the NPP contends that the absence of the word "consecutive" in the constitutional provision implies a hard cap of eight years in office. The party maintains that allowing a leader to serve beyond two terms, irrespective of office interruptions, could undermine democratic principles and threaten national stability. The writ references international precedents, such as the 22nd Amendment to the United States Constitution, and cites the 2011 Constitution Review Commission's recommendations which warned against the risks of altering or extending term limits. Furthermore, the NPP is asking the court to clarify whether a Vice President who assumes the presidency for more than half of a predecessor's unexpired term should be limited to only one additional four-year term.

Legal scholar Kwaku Azar Asare has raised concerns regarding the lawsuit, suggesting that the Supreme Court may lack jurisdiction if the case is seen as seeking an advisory opinion rather than resolving a genuine constitutional dispute. He noted that the suit lacks specific allegations against identifiable government actions, which could lead to it being dismissed as non-justiciable. Despite these legal critiques and reports that President Mahama has expressed no intention to seek re-election, the NPP argues that judicial clarification is necessary to protect the constitutional framework and provide certainty before the 2028 electoral cycle begins.