A leading constitutional scholar in Ghana, H. Kwasi Prempeh, has vehemently opposed suggestions that the Supreme Court could interpret presidential term limits to allow President John Mahama to seek a third term. Prempeh described such a judicial ruling as “illegitimate and bogus,” emphasizing that the Constitution’s text is clear and admits no ambiguity.
According to Prempeh, Article 66(2) of the 1992 Constitution explicitly states that a person shall not be elected to hold office as President of Ghana for more than two terms, leaving no room for judicial interpretation. He argues that the framers of the Constitution deliberately omitted the word “consecutive” from the presidential term limits, unlike in Article 246(2), which governs District Chief Executives.
Controversy Surrounding Supreme Court Nominations
The debate has been fueled by allegations that President Mahama’s recent nomination of seven Supreme Court justices is a strategic move to facilitate constitutional interpretation for third-term ambitions. Minority Leader Alexander Afenyo-Markin accused the President of attempting to pack the Supreme Court with loyalists to pursue a third-term agenda.
However, former NPP Chairman Freddie Blay has expressed a differing view, stating that he wouldn’t have a problem if the Supreme Court interprets the Constitution to allow President Mahama to run for a third term. This divergence highlights uncertainty about constitutional interpretation and the role of the judiciary in resolving politically sensitive questions.
Implications for Ghana’s Democracy
Prempeh’s intervention emphasizes the importance of respecting constitutional term limits and warns against judicial overreach. He advocates for judicial restraint in constitutional interpretation when textual meaning is clear, cautioning that unchecked flexible interpretative approaches could undermine constitutional certainty and democratic accountability ¹.
As Ghana grapples with these fundamental questions, the perception of constitutional manipulation threatens public confidence in both judicial independence and democratic institutions. The controversy surrounding President Mahama’s potential third-term bid continues to spark intense debate, with implications for the country’s democratic credentials and institutional credibility. Ghanatalk.com, ghanacrimereport.com