The New Patriotic Party (NPP) has turned to the Supreme Court to settle a constitutional question over whether Ghanaian presidents are limited to two terms in office, irrespective of whether those terms are consecutive or separated by a period out of power.
In a suit filed on July 28, 2026, the party is seeking an authoritative interpretation of Articles 58(2) and 66(1), (2) and (3)(a) of the 1992 Constitution, arguing that the presidential term-limit provisions must be understood as imposing an absolute maximum of two terms.
The writ of summons and statement of case were filed by the party’s solicitor, Godfred Yeboah Dame of Dame & Partners, with the Attorney-General named as the defendant.
At the heart of the case is whether a president who has served one term, failed to secure immediate re-election and subsequently returned to office could serve two further terms, effectively exceeding the constitutional limit of two terms.
The NPP is asking the court to declare that no person may be elected President more than twice or occupy the office for more than two four-year terms, amounting to eight years in total.
The party maintains that interpreting the constitutional limit as applying only to consecutive terms could create room for a former president to return to office after a break and serve beyond the intended limit.
It describes that possibility as a threat to Ghana’s constitutional order and democratic stability.
“Plaintiff considers this proposition not only absurd but dangerous for the democracy, peace and stability of the nation,” the statement of case reads.
The NPP further argues that interpreting the Constitution to permit more than two presidential terms would amount to inserting words into the constitutional text that lawmakers did not include.
“Acceding to this interpretation will condone and sanction manipulation of clear provisions in the Constitution as it involves inserting words into the constitutional text—it will involve amending the Constitution through judicial fiat,” the party states.
Vice-presidential succession also under scrutiny
Beyond the broader question of presidential term limits, the party is seeking clarity on the eligibility of a Vice-President who assumes the presidency for more than half of a predecessor’s unexpired term.
The NPP wants the Supreme Court to declare that a person who succeeds to the presidency under those circumstances would be eligible to contest for election as President for only one term.
It is also asking the court to clarify whether anyone who has already served one presidential term may serve only one additional term, regardless of whether the two periods in office are consecutive.
NPP cites international precedents
To support its position, the party draws on international constitutional practice, including the 22nd Amendment to the United States Constitution, which restricts the number of times a person may be elected President.
The NPP also refers to constitutional developments in other African countries, arguing that attempts to alter presidential term limits have contributed to political instability in some jurisdictions.
Additionally, the party cites the Constitution Review Commission’s 2011 report, which recommended an amendment to make clear that a person who has served two presidential terms would not qualify to stand for re-election.
The case places the interpretation of Ghana’s presidential tenure provisions before the Supreme Court, with the party seeking a definitive ruling on whether the constitutional ceiling applies to two terms in total or only to two consecutive terms.
Source: www.kumasimail.com
