The New Patriotic Party (NPP) has filed a suit at the Supreme Court seeking an interpretation of Ghana’s constitutional provisions on presidential term limits, particularly whether the two-term restriction applies to consecutive and non-consecutive periods in office.
The party is asking the court to clarify whether an individual can be elected President more than twice or serve for more than eight years in total, even where the terms are separated by a period out of office.
The suit, filed against the Attorney-General, seeks an interpretation of Articles 58(2) and 66(1), (2) and (3)(a) of the 1992 Constitution.
In its statement of case, the party argues that the constitutional restriction should apply to the total number of terms served, rather than only to successive terms.
It is seeking a declaration that no person may be elected President more than twice or occupy the office for more than eight years, irrespective of whether the terms are consecutive.
The party argues that interpreting the constitutional provisions as applying only to consecutive terms could allow an individual to serve one term, lose an immediate re-election bid, and subsequently return to office for two additional terms.
According to the NPP, such an interpretation would effectively introduce the word “consecutive” into the Constitution, although the relevant provisions do not expressly use that term.
The party contends that this would amount to altering the meaning of the Constitution through judicial interpretation rather than giving effect to its existing provisions.
The suit also asks the Supreme Court to clarify the eligibility of a Vice-President who assumes the presidency and serves for more than half of a predecessor’s unexpired term.
The NPP wants the court to determine whether a person in such circumstances should be eligible to contest a presidential election for only one additional term.
In support of its position, the NPP refers to international examples of presidential term-limit provisions, including the 22nd Amendment to the United States Constitution, which restricts the number of times an individual may be elected President.
The party also cites developments in other African countries, arguing that attempts to alter presidential term limits can contribute to political instability.
Additionally, it relies on the 2011 report of Ghana’s Constitution Review Commission, which recommended an amendment to clarify that a person who had served two presidential terms would be ineligible for re-election.
The writ of summons and statement of case were filed on behalf of the NPP by its solicitor, Godfred Yeboah Dame of Dame & Partners, with the Attorney-General named as the defendant.
