A legal challenge filed in Ghana's Supreme Court, Suit No. J1/20/2021, on June 30, 2026, seeks to clarify presidential term limits. This action, brought by Kenneth Kwabena Agyei Kuranchie, is widely perceived as an attempt to secure a third term for President John Dramani Mahama, who was sworn in again as President on January 7, 2025.
The lawsuit specifically questions whether a person elected as President, who has served one term, lost a subsequent election, and then later returned to office, is entitled to serve two additional consecutive terms. Mr. Kuranchie has publicly denied this intention, but observers argue his action directly targets Article 66 (2) of the 1992 Constitution. This article explicitly states that a president shall not be elected to hold office for more than two terms.
This legal development carries substantial weight for Ghana's political future and constitutional interpretation. The 1992 Constitution established clear limits on presidential tenure to prevent the concentration of power and promote democratic rotation. Any reinterpretation of these limits could fundamentally alter the country's governance framework. The case also highlights ongoing political dynamics, particularly the perceived influence of former presidents in national affairs.
Martin A. B. K. Amidu, a prominent legal figure, has strongly criticized the lawsuit. He asserts that the case's substance is precisely to open a path for President Mahama to seek a third term. Amidu argues that the plaintiff's attempt to distinguish his action from this objective is unconvincing. He emphasizes that the plain language of Article 66 (2) is unambiguous in limiting a president to two terms, regardless of whether they are consecutive or interrupted.
The outcome of this Supreme Court case will have profound implications for Ghana's democratic institutions. A ruling that allows for a third term, even if non-consecutive, could set a precedent for future leaders, potentially weakening the established two-term limit. Political analysts will closely watch the court's interpretation of Article 66, as it will shape future presidential elections and the stability of Ghana's constitutional order. The decision will also influence public trust in the judiciary's role in upholding constitutional principles.
The plaintiff's argument attempts to draw parallels with the tenure of District Chief Executives (DCEs) under Article 246 of the Constitution. This article specifies that a DCE shall not hold office for more than two consecutive terms. However, critics, including Amidu, contend that comparing the tenure of an appointed DCE to that of an elected President is inappropriate. They argue that the constitutional provisions for these offices are distinct and not interchangeable, likening the comparison to 'apples and oranges'.
Furthermore, the lawsuit references Articles 1 (1), 35 (1), and 42 of the Constitution, which deal with the sovereignty of the people and the right to vote. These articles, however, are generally understood to be foundational principles of democracy and are not directly related to the specific interpretation of presidential term limits under Article 66 (2). The court's decision will therefore hinge on a strict interpretation of the presidential term limit clause.
The political landscape in Ghana has seen significant shifts, with former President Mahama having lost the 2016 election to Nana Akufo-Addo, only to return to office after the 2024 election. This history makes him the only former president under the 1992 Constitution to have returned to office after an interrupted term. The current legal challenge is thus seen as directly addressing his unique political trajectory and potential future aspirations.
The Supreme Court's ruling will be a critical moment for Ghana's constitutional democracy. It will either reinforce the existing two-term limit or introduce a new interpretation that could redefine presidential tenure. This decision will undoubtedly influence public discourse, political strategies, and the long-term trajectory of governance in Ghana.