Teacher runs to Supreme Court on Mahama’s third-term eligibility
A Ghanaian citizen has invoked the original jurisdiction of the Supreme Court, seeking a constitutional interpretation on whether a person who has served two separate, non-consecutive terms as President remains eligible to contest for the office again.
The suit, filed on July 9, 2026, was initiated by Ganiwu Alhassan, a teacher from Kpandai in the Northern Region, against the Attorney-General. The writ, dated June 26, 2026, was filed on his behalf by his solicitor, Kwasi Afrifa Esq of O & A Legal Consult in Kumasi.
The case centres on the interpretation of Article 66(2) of the 1992 Constitution, which provides that no person shall be elected to hold the office of President for more than two terms.
In his writ, Alhassan contends that the constitutional provision should be interpreted to apply only to two consecutive presidential terms and does not permanently disqualify a person who has served two distinct, non-consecutive terms from seeking election again.
He is therefore asking the Supreme Court to declare that preventing such a person from contesting the presidency would be unconstitutional and inconsistent with the provisions of the 1992 Constitution.
The plaintiff brought the action under the Constitution's enforcement provisions, arguing that the interpretation of Article 66(2) should be informed by the Constitution's Preamble and other relevant provisions, including those governing presidential succession when a Vice President completes an unexpired term.
According to the statement of claim, the Constitution does not regard a partial or interrupted presidential term as an automatic disqualification from subsequently serving two full terms. The plaintiff argues that this demonstrates that the framers did not intend the two-term provision to operate as an absolute lifetime limit where presidential service is not continuous.
The 34-page filing relies on several constitutional authorities and judicial precedents, including Tuffuor v Attorney-General, New Patriotic Party v Attorney-General, Sam v Attorney-General and Nartey v Attorney-General. It also cites Black's Law Dictionary and argues that the Constitution should be interpreted purposively, taking into account both its letter and spirit.
The writ directs the Attorney-General to file a statement of defence within 14 days after being served. At the time of filing, the case had not yet been assigned a writ number and is awaiting determination by the Supreme Court.
The legal action comes against the backdrop of public discussions about presidential term limits. President John Dramani Mahama, who is currently serving a second, non-consecutive term following the eight-year administration of former President Nana Addo Dankwa Akufo-Addo, has repeatedly stated that he has no intention of seeking a third presidential term or amending the Constitution to make such a bid possible.
In August 2025, while on a visit to Singapore, President Mahama reaffirmed that he had no plans to pursue a third term in office.