NPP runs to Supreme Court to clarify presidential two-term limit

The New Patriotic Party (NPP) has filed a suit at the Supreme Court of Ghana seeking an authoritative interpretation of the constitutional provisions governing presidential term limits, particularly whether the restriction of two terms applies to both consecutive and non-consecutive periods in office.

The suit, filed against the Attorney-General by the party’s solicitor, former Attorney-General Godfred Yeboah Dame of Dame & Partners, seeks clarification on Articles 58(2) and 66(1), (2) and (3)(a) of the 1992 Constitution. The case was reported publicly on Wednesday, October 28, 2026.

At the centre of the legal action is whether a person can serve two presidential terms in total or whether the constitutional restriction could be interpreted as applying only to two consecutive terms.

The NPP is asking the Court to declare that no individual may be elected President more than twice or occupy the office for more than two four-year terms, amounting to eight years, regardless of whether the terms are consecutive or separated by a period out of office.

The party argues that interpreting the Constitution as permitting two non-consecutive terms followed by additional terms could undermine the existing framework regulating presidential tenure.

In its statement of case, the NPP describes such an interpretation as dangerous to Ghana’s democratic stability, arguing that it would require the insertion of the word “consecutive” into constitutional provisions where it does not appear.

The party further contends that such an approach would amount to changing the Constitution through judicial interpretation rather than applying its existing provisions.

Beyond the general two-term limit, the NPP is 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 determine whether such a person would be eligible to contest for only one additional presidential term.

The party is also asking the Supreme Court to clarify whether someone who has already served one presidential term may serve only one more, irrespective of whether the terms are consecutive.

To support its position, the NPP cites international constitutional practice and Ghana’s Constitution Review Commission’s 2011 report, which recommended clarification of the rules governing presidential re-election.

The suit comes amid public debate about presidential term limits ahead of the 2028 general elections. However, filing the case does not establish that President John Dramani Mahama intends to seek another term. The Supreme Court’s eventual decision will determine the legal interpretation of the provisions in question.

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