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, in a case that could affect the eligibility of President John Dramani Mahama to contest the 2028 presidential election.
The writ of summons and statement of case, dated July 28, 2026, were filed by the party’s solicitor, Godfred Yeboah Dame of Dame & Partners. The Attorney-General has been named as the defendant.
The NPP is asking the court to determine whether the constitutional limit of two presidential terms applies irrespective of whether those terms are served consecutively or are separated by a period out of office.
The suit seeks declarations on the interpretation of Articles 58(2) and 66(1), (2) and (3)(a) of the 1992 Constitution.
NPP seeks clarity on two-term limit
Among the reliefs sought, the party wants the Supreme Court to declare that the presidential term limit restricts an individual to a maximum of two terms, whether consecutive or non-consecutive.
It is also asking the court to affirm that no person may be elected President more than twice or hold the office for more than two four-year terms, amounting to a total of eight years.
The party is further seeking clarification on the eligibility of a Vice-President who assumes the presidency and serves for more than half of a predecessor’s unexpired term.
It wants the court to declare that a person who serves under those circumstances would be eligible to contest a presidential election for only one additional term.
The NPP is also asking the court to clarify whether an individual who has already served one presidential term can serve only one further term, regardless of whether the two terms are consecutive.
Party warns against alternative interpretation
The legal action follows public debate over whether the constitutional phrase “two terms” could be interpreted as referring to two consecutive terms rather than two terms in total.
The NPP argues that such an interpretation could allow a person who has served one term, lost an immediate re-election bid and subsequently returned to office to serve two additional terms.
According to the party, that reading would undermine the constitutional framework governing presidential tenure.
“Plaintiff considers this proposition not only absurd but dangerous for the democracy, peace and stability of the nation,” the statement of case reads.
The party further argues that interpreting the Constitution in that manner would effectively introduce wording that does not appear in the constitutional text.
“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 NPP states.
International examples cited
In support of its arguments, the NPP refers to international precedents, including the 22nd Amendment to the United States Constitution, which limits the number of times an individual may be elected President.
The party also cites constitutional developments in other African countries, arguing that attempts to alter presidential term limits have contributed to political instability in some jurisdictions.
Additionally, it relies on the 2011 report of Ghana’s Constitution Review Commission, which recommended an amendment to clarify that a person who has served two presidential terms would not qualify for re-election.
The Supreme Court’s interpretation of the relevant constitutional provisions will determine how the term-limit rules should be applied. The filing of the suit does not, in itself, establish whether President Mahama is eligible or ineligible to contest the 2028 election.
