A President Of Ghana Can Seek 3-Term Of Office

There is always the argument that the 1992 Constitution of Ghana has in it, an entrenched provision which pegs presidential term of office to only 2 terms, albeit consecutively, or not.

Therefore, it is completely impossible for anybody to serve as president of Ghana beyond the 2-tetm limit.

Entrenched provision

Article 66(2)

Article 66(1&2) of the 1992 constitution states: A person shall not be elected to hold office as President of Ghana for more than two terms,”. The keywords in this constitutional provision are “elected president” and “two terms".

Amending entrenched provision

1) A bill for the amendment of an entrenched provision shall, before Parliament proceeds to consider it, be referred by the Speaker to the Council of State for its advice and the Council of State shall render advice on the bill within thirty days after receiving it.

2. The bill shall be published in the Gazette but shall not be introduced into Parliament until the expiry of six months after the publication in the Gazette under this clause

3. After the bill has been read the first time in Parliament it shall not be proceeded with further unless it has been submitted to a referendum held throughout Ghana and at least forty percent of the persons entitled to vote, voted at the referendum and at least seventy-five percent of the persons who voted cast their votes in favour of the passing of the bill.

4. Where the bill is approved at the referendum, Parliament shall pass it.

5. Where a bill for the amendment of an entrenched provision has been passed by Parliament in accordance with this article, the President shall assent to it.

My question

And when all these processes have been successfully undertaken, as stipulated in the Constitution, then, a President who has already served 2-terms, can go ahead to contest a 3rd term.

So I ask: if all presidents are barred by the Constitution from seeking a 3rd term by entrenched provision, then, why does the same Constitution have processes that can be followed, to pave way for same to be overturned?

In otherwords, if the provision restricting the presidential term of office to only 2-terms were, indeed, cast in stone, then, there shouldn't have been processes to be undertaken to overturn same.

Self-denial

So, those deluding themselves that, should John Dramani Mahama succeed with mutilating both the Judiciary and the Electoral Commission Ghana, with expressed-purpose of amending the Constitution to enable him run for a 3-term is just a fairy tale, should better wakeup from their self-denial stupor.

Justice A. Newton-Offei

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