Legal practitioner and social activist Martin Luther Kpebu has described the ongoing debate over the interpretation of Ghana’s presidential term limit as unnecessary, insisting that the 1992 Constitution is clear on the matter. Kpebu maintained that Article 66(2) of the Constitution explicitly limits a President to two terms in office and therefore requires no further interpretation.
Speaking on Ghana Tonight on TV3 on Wednesday, October 28, 2026, he acknowledged that the petitioners have the right to seek judicial clarification but questioned the need for the legal actions, given what he considers the clarity of the constitutional provision. “It’s more about much ado about nothing because Article 66(2), which talks about the term limit being two for a President, is very clear. You cannot elect a person as President for more than two terms,” he stated.
He explained, however, that the opposition New Patriotic Party’s (NPP) decision to approach the Supreme Court could be seen as a precautionary measure aimed at avoiding potential disputes in the future. According to him, the party is seeking to ensure that all uncertainties are addressed before they develop into larger constitutional controversies.
“But the NPP wants to be cautious. They just want to do prevention is better than cure. That’s how come they have also gone to the Supreme Court,” he noted. Kpebu further disclosed that the NPP’s legal action brings the total number of lawsuits on the issue to four, adding that the party appears determined to leave no room for uncertainty.
“This makes it the fourth lawsuit. They don’t want to leave anything to chance,” he said. He also referred to comments by the Speaker of Parliament, Alban Sumana Kingsford Bagbin, who, according to Kpebu, has urged the Supreme Court not to entertain the lawsuits because the Constitution clearly establishes the presidential term limit.
“You heard Speaker Bagbin speak forcefully on this matter. He urged the Supreme Court not to entertain these lawsuits at all because this country is far stronger than the fears that are being entertained,” Kpebu recounted. He maintained that most Ghanaians understand the constitutional restriction and see no ambiguity in the provision. “Two terms are two terms. I don’t think the majority of Ghanaians are in any doubt,” he added.
Background to the lawsuit
Kpebu’s comments follow a suit filed by the NPP at the Supreme Court on July 28, 2026, invoking the court’s original jurisdiction to interpret Articles 58(2), 66(1), 66(2) and 66(3)(a) of the 1992 Constitution. Through its solicitor, Godfred Yeboah Dame, the party is asking the court to declare that no person may be elected President more than twice or hold the office for more than two four-year terms, amounting to a maximum of eight years, whether the terms are consecutive or non-consecutive.
The Attorney-General has been named as the defendant in the case. The legal challenge comes amid public debate over whether President John Dramani Mahama, who is serving a second, non-consecutive term, would be constitutionally eligible to contest the 2028 presidential election.
