The New Patriotic Party (NPP) has dragged the Attorney-General to the Supreme Court, seeking a definitive ruling on whether Ghana’s presidential two-term limit applies to consecutive terms only or to any two terms served by an individual.
In a suit filed on July 28, 2026, the NPP is asking the court to clarify whether a former President who has served one term can return to office for two additional terms after a break, arguing that such an interpretation could undermine the constitutional limits on presidential tenure.
The writ of summons and statement of case, dated July 28, 2026, were filed by the NPP’s solicitor, Godfred Yeboah Dame of Dame & Partners. The Attorney-General has been named as the defendant in the action.
The Supreme Court interpretation could affect President John Dramani Mahama’s eligibility to contest the 2028 elections; however, Mahama has consistently indicated that he does not intend to seek another term.
The NPP in its application, the party is asking the court to interpret Articles 58(2) and 66(1), (2) and (3)(a) of the Constitution, which concern presidential executive authority and the duration and limits of presidential tenure.
The NPP wants the Supreme Court to declare that the constitutional restriction permits a person to be elected President no more than twice, irrespective of whether the two terms are served consecutively or are separated by a period out of office.
It is also seeking a declaration that an individual cannot occupy the presidency for more than two full four-year terms, amounting to a maximum of eight years.
Another issue the party wants the court to address concerns a Vice-President who assumes the presidency and serves for more than half of the remaining term of a predecessor.
The NPP is seeking clarification on whether such a person would subsequently be eligible to contest a presidential election for only one term.
“A declaration that upon a true and proper interpretation of Articles 58(2) and 66(1), (2) and (3)(a) of the Constitution, “two terms” stipulated as the limit on the terms a person may hold office as President of Ghana refers to and means a maximum of two terms whether served by a person consecutively or non-consecutively;
“A declaration that upon a true and proper interpretation of Articles 58(2) and 66(1), (2) and (3)(a) of the Constitution, a person shall not be elected more than two times to hold office as President,” portions of the writ read.
“A declaration that upon a true and proper interpretation of Articles 58(2), 60(7), 63(2), 66(1) and (2) of the Constitution, a Vice-President who assumes office as President for more than half of the unexpired term of a President is only eligible to contest to be elected as President for one term, whether in an election held before the end of the unexpired term of the President he succeeded or at another election held in the future,” the document stated.
The party is also asking the court to determine whether someone who has already served one presidential term can be elected for only one additional term, regardless of whether the two periods in office follow each other.
The legal action comes amid public debate over the meaning of the constitutional provision limiting a President to two terms. At the heart of the disagreement is whether the restriction applies to two terms in total or only to two consecutive terms.
The NPP argues that interpreting the provision as applying exclusively to consecutive terms could create an opportunity for a former President to serve more than the constitutionally intended limit.
Under the scenario outlined by the party, an individual could serve one term, fail to secure immediate re-election and later return to office for two further terms if the restriction were understood to apply only to consecutive periods.
The party considers such an interpretation inconsistent with the purpose of the constitutional safeguards governing presidential tenure.
In its statement of case, the NPP describes the possibility as a threat to Ghana’s democratic stability and the constitutional order.
“Plaintiff considers this proposition not only absurd but dangerous for the democracy, peace and stability of the nation,” the statement reads.
The party further contends that interpreting the Constitution in a way that effectively introduces a consecutive-term requirement would amount to adding language that the framers did not include.
It argues that the courts should not use judicial interpretation to introduce changes that would effectively alter the constitutional provisions without following the prescribed amendment process.
“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.
To support its position, the party refers to international constitutional practices, including the 22nd Amendment to the United States Constitution, which restricts the number of times a person may be elected President.
The NPP also cites developments in other African countries, arguing that efforts to alter presidential term limits have contributed to political tensions and instability in some jurisdictions.
Additionally, the party relies on the 2011 report of Ghana’s Constitution Review Commission, which recommended a constitutional amendment to clarify that a person who has served two presidential terms would no longer qualify to contest for the office.
Through the lawsuit, the NPP is asking the Supreme Court to provide an authoritative interpretation of the relevant constitutional provisions and settle the dispute over how Ghana’s presidential term limits should apply.
See the suit below:
@ghnow_ According to the Minority, allegations that some Ghanaians evacuated from South Africa received less than the GH¢5,500 support package announced by the government warrant Ablakwa’s dismissal. #GHNow #fyp ♬ original sound – BLACK MAN ✪
@ghnow_ The Minority in Parliament has called for Hon. Samuel Okudzeto Ablakwa’s resignation over corruption allegations linked to the South Africa evacuation exercise. #GHNow #fyp ♬ original sound – GHnow
