The New Patriotic Party (NPP) has filed a suit at the Supreme Court seeking an authoritative interpretation of Ghana’s constitutional provisions on presidential term limits, particularly whether the two-term limit applies regardless of whether the terms are consecutive or separated by a period out of office.
The suit, filed on July 28, 2026, names the Attorney-General as the defendant. The party is represented by its solicitor, Godfred Yeboah Dame of Dame & Partners.
In its writ of summons and statement of case, the NPP is asking the Supreme Court to interpret Articles 58(2) and 66(1), (2) and (3)(a) of the 1992 Constitution to clarify the limits on presidential tenure and eligibility for re-election.
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The party wants the court to declare that a person may be elected President of Ghana a maximum of two times, whether the terms are consecutive or non-consecutive.
It is also seeking a declaration that a person cannot hold the office of President for more than two four-year terms, amounting to a maximum of eight years.
The legal action comes amid public debate over whether the constitutional phrase “two terms” could be interpreted as allowing a president to serve two consecutive terms rather than limiting the person to two terms in total.
The NPP argues that such an interpretation could permit a person who has already served one presidential term, lost an attempt at immediate re-election and subsequently returned to office to serve two additional terms.
According to the party, that interpretation 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 NPP further argues that interpreting the Constitution to permit more than two presidential terms would effectively require the courts to insert words that are absent from 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 party states.
The Supreme Court is therefore being asked to clarify the meaning and scope of the constitutional restrictions on presidential tenure.
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.
The party wants the court to declare that a person who assumes the presidency under those circumstances would be eligible to contest a presidential election for only one additional term.
It is also asking the court to clarify whether a person who has previously served one presidential term may be elected for only one further term, regardless of whether the two periods in office are consecutive.
The requested declarations could help clarify how the constitutional provisions should apply to different presidential succession and re-election scenarios.
In support of its position, the NPP draws on international examples, including the United States’ 22nd Amendment, which restricts the number of times a person may be elected President.
The party also references constitutional developments in other African countries, arguing that attempts to alter presidential term limits have contributed to political instability in some jurisdictions.
Additionally, the NPP cites 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 to stand for re-election.