The New Patriotic Party has filed a writ at the Supreme Court seeking an interpretation of the 1992 Constitution on presidential term limits, as former President John Agyekum Kufuor renews his call for Ghana to consider extending the presidential term from four years to five.
The NPP is asking the court to clarify whether the constitutional two-term limit means that no individual can be elected President more than twice, irrespective of whether the terms are consecutive or separated by a break in office.
The party’s action centres on Articles 58(2) and 66(1), (2) and (3)(a) of the Constitution, which address executive authority and the tenure of the President.
It is seeking a declaration that the total period an individual may serve as President is limited to eight years, corresponding to two four-year terms.
The party argues that a person who has served one presidential term should be eligible for only one additional term, regardless of how long they remain out of office before returning to power.
It is also seeking clarity on the eligibility of a Vice-President who assumes the presidency and serves more than half of an unexpired presidential term.
Under the interpretation being proposed by the NPP, such a person should be eligible for only one additional presidential term.
The party contends that interpreting the constitutional provisions to restrict only consecutive terms could create a loophole allowing an individual to serve three presidential terms, contrary to the intended two-term limit.
The case has implications for President John Dramani Mahama, who served as President from 2012 to 2017 and returned to office in January 2025.
President Mahama has previously indicated that he does not intend to seek a third term.
The Supreme Court’s interpretation could provide clarity on how the constitutional term limits apply to presidents who return to office after an interruption in their tenure.
Kufuor backs five-year presidential term
Meanwhile, former President John Agyekum Kufuor has publicly supported proposals to extend Ghana’s presidential term from four years to five, despite the NPP’s opposition to the proposal.
Mr Kufuor maintains that although the two-term limit should remain, four years is insufficient for a president to settle into office, implement policies and deliver meaningful national development.
Drawing on his experience as President between 2001 and 2009, he has argued that a longer tenure would give governments more time to focus on development rather than spend a significant portion of their time preparing for elections.
He first raised the proposal during his final State of the Nation Address in 2008.
Mr Kufuor’s position is that a five-year term would allow a government to concentrate on national development during the first four years, leaving the fifth year largely for election campaigning.
He believes the arrangement could improve governance and give successive administrations a more practical period within which to implement their policy programmes.
His argument, however, does not extend to allowing presidents to remain in office beyond two terms.
Mr Kufuor has maintained that the two-term limit should be preserved to prevent excessive concentration of political power, warning that absolute power can breed corruption.
The former President’s position therefore distinguishes between the length of an individual presidential term and the maximum number of terms a person may serve.
While the NPP’s Supreme Court action seeks clarification of the existing constitutional restrictions on presidential tenure, Mr Kufuor’s proposal raises a separate question about whether the four-year electoral cycle should be changed.
Any extension of the presidential term would require the appropriate constitutional amendment process, while the Supreme Court’s eventual interpretation would clarify the meaning and application of the existing provisions.
