‘Supreme Court is not your lawyer to explain the constitution to you' – Justice Abdulai on NPP term-limit suit

Private legal practitioner Justice Abdulai

Private legal practitioner Justice Abdulai has warned against using the Supreme Court to settle speculative political disagreements, arguing that the court is not required to interpret constitutional provisions where no genuine legal dispute exists.

He maintained that the Supreme Court's role is to adjudicate substantive legal controversies presented before it, rather than provide legal advice to parties seeking answers to hypothetical questions.

Speaking on Channel One TV's The Big Issue on Saturday, October 31, he expressed doubts about whether the court would assume jurisdiction over a case brought by the New Patriotic Party (NPP) seeking an interpretation of the constitutional provisions on presidential term limits.

“Unfortunately, Supreme Court is not your lawyer. As they have themselves said, they are not anybody's lawyer to explain the Constitution to anyone. They are there to deal with serious life issues, not to deal with somebody's speculations and become the personal lawyer for two feuding parties. That's not their job,” he said.

Justice Abdulai suggested that the hypothetical nature of the dispute could raise questions about whether the case met the legal requirements for the Supreme Court to exercise its jurisdiction.

He nevertheless indicated that he would support a clear and definitive interpretation of the relevant constitutional provisions to prevent future presidents from taking advantage of possible ambiguities in the law to prolong their stay in office.

The NPP has instituted legal action at the Supreme Court, seeking clarification on whether the constitutional restriction of 2 presidential terms applies only to consecutive terms or also covers non-consecutive periods in office.

The case has generated public discussion about the eligibility of President John Dramani Mahama, who has served 2 non-consecutive terms, to seek another mandate in the 2028 presidential election.