President John Mahama
The New Patriotic Party (NPP) has invoked the original jurisdiction of the Supreme Court (SC) to interpret constitutional provisions on presidential term limits, a matter that could affect President John Dramani Mahama’s chances of contesting the 2028 presidential election.
The writ is seeking declarations that could clarify whether a former president can return to office after serving two terms or serve additional terms following a break in office.
In a writ filed against the Attorney-General, the NPP is asking the highest court of the land to determine the meaning of the two-term limit under Articles 58 and 66 of the 1992 Constitution, including whether the restriction applies to consecutive and non-consecutive presidential terms.
The legal action, contained in a statement of case dated July 28, 2026, seeks to establish clear constitutional boundaries on the number of times a person may be elected president and the total period a person may hold the office.
The case comes amid debate over the possibility of President Mahama seeking a possible third presidential term, although the reliefs sought in the document are framed as requests for constitutional interpretation rather than a direct order against Mr. Mahama.
The NPP is asking the Supreme Court to declare that the constitutional limit of two terms means a maximum of two terms in office, whether served consecutively or at different periods.
It is also seeking a declaration that a person cannot be elected president more than twice, and that a president cannot serve for more than two four-year terms, amounting to eight years in total, regardless of whether the terms follow one another.
Another key issue the party wants the court to settle concerns Vice Presidents who assume the presidency following a vacancy.
The NPP is asking the court to declare that a Vice President who assumes office as President for more than half of the unexpired term of a predecessor would be eligible to contest for only one additional presidential term.
The party is further seeking a declaration that anyone who has previously served one presidential term would be eligible to serve for only one more term, whether the earlier term immediately preceded the subsequent election or was separated by the presidency of another person.
The NPP argues that the constitution establishes a presidential system with specific limits on the duration and number of terms a person may serve. It maintains that Article 66 sets out the length of a presidential term, the maximum number of terms and circumstances under which the office becomes vacant.
The NPP says the action is motivated by the need to protect constitutional principles, uphold the rule of law and safeguard the country against a return to what it describes as absolutism and dictatorship.
The party’s statement of case also draws attention to developments in other African countries, arguing that the weakening or removal of presidential term limits has undermined good governance in parts of the continent.
To support its arguments, the NPP has listed several Supreme Court decisions and other authorities it intends to rely on during the hearing, including cases involving constitutional interpretation and the powers of public institutions.
The NPP is asking the Supreme Court to grant the declarations sought or make any other orders it considers appropriate.
BY Gibril Abdul Razak