The Supreme Court has been asked to interpret Ghana’s constitutional provision on presidential term limits following the filing of a suit seeking clarity on whether a former President who has served two non-consecutive terms can contest the presidency again.
The action was initiated by Ganiwu Alhassan, a teacher from Kpandai in the Northern Region, who is asking the apex court to determine the proper interpretation of Article 66(2) of the 1992 Constitution.
Filed against the Attorney-General on July 9, 2026, the suit argues that the constitutional provision prohibiting a person from being elected President for more than two terms should not be interpreted as imposing a lifetime ban on a person whose two terms were not served consecutively.
According to the plaintiff, Article 66(2) only restricts a person from serving more than two consecutive presidential terms and does not expressly prohibit a candidate from seeking office again after serving two separate, non-continuous terms.
The writ, filed by Kwasi Afrifa Esq of O & A Legal Consult in Kumasi, seeks a declaration that preventing such a candidate from contesting another presidential election would be inconsistent with the Constitution.
In his statement of case, Alhassan relies on the Constitution’s Preamble and several constitutional provisions relating to presidential succession, particularly situations where a Vice President completes an unexpired presidential term.
His legal team argues that because the Constitution permits a Vice President who completes part of another President’s term to subsequently serve two full elected terms under certain circumstances, the framers did not intend the two-term limit to operate as an absolute lifetime prohibition in every situation involving non-continuous service.
The 34-page filing cites several landmark Supreme Court decisions, including Tuffuor v Attorney-General, New Patriotic Party v Attorney-General, Sam v Attorney-General and Nartey v Attorney-General, in support of what it describes as a broad and purposive interpretation of the Constitution.
The Attorney-General has been directed to file a statement of defence within 14 days after being served with the writ.
Although the case does not mention any individual by name, it comes at a time when discussions about presidential term limits have gained renewed attention because President John Dramani Mahama is currently serving a second, non-consecutive term following the eight-year presidency of former President Nana Akufo-Addo.
President Mahama has, however, repeatedly stated that he has no intention of seeking a third presidential term or pursuing constitutional amendments to extend his tenure, a position he reaffirmed during a visit to Singapore in August 2025.
The Supreme Court’s eventual ruling is expected to provide authoritative guidance on the interpretation of Ghana’s presidential term limit provisions and could have significant constitutional implications for future presidential elections.
