By Adu Koranteng
A source at the Jubilee House has alleged that former President John Dramani Mahama is exploring the possibility of a controversial return to power for a third presidential term—an ambition that would require amending entrenched provisions of Ghana’s 1992 Constitution.
According to the unnamed source, Mahama’s alleged plan involves the removal of the current Chief Justice—who is reportedly on suspension—and appointing a new one perceived to be favorable to the constitutional amendment process. The source also claimed that Mahama intends to dismiss Electoral Commission Chairperson Jean Mensa and her deputies, Dr. Bossman Asare and Mr. Samuel Tettey, to pave the way for a smoother path to the presidency.
Currently, Article 66(2) of the 1992 Constitution clearly limits a person to two terms as President:
“A person shall not be elected to hold office as President of Ghana for more than two terms.”
To alter this provision, a constitutional amendment would be required. Since Article 66(2) is an entrenched clause, any amendment would need to follow the procedure set out in Article 290, which includes:
Approval by two-thirds of all Members of Parliament, and
Approval in a national referendum, with at least 40% voter turnout and at least 75% of votes cast in favor.
This makes any attempt to change term limits au highly complex and politically risky process.
Judicial and Electoral Changes
The alleged plan also includes the dismissal of key independent constitutional officers. However, the Constitution provides clear protections for these positions to prevent political interference.
Chief Justice:
Under Article 146(1)-(10), a Justice of the Superior Court, including the Chief Justice, cannot be removed from office except for stated misbehavior or incompetence, and even then, only after a rigorous inquiry by a committee appointed by7 the President in consultation with the Council of State.
Electoral Commission:
Similarly, Article 146 also applies to Commissioners of the Electoral Commission under Article 44(2), which states:
“The Chairman and the two Deputy Chairmen of the Commission shall enjoy the same terms and conditions of service as a Justice of the Court of Appeal.”
This effectively means they too can only be removed through the same stringent procedures as a superior court judge, not by presidential discretion.
Political Landscape and Concerns
With the National Democratic Congress (NDC) reportedly holding a parliamentary majority, the party could theoretically initiate an amendment process under Article 290(1). However, without public support and a successful referendum, any attempt to alter entrenched constitutional clauses would likely fail.
Political observers and civil society organizations have already warned of the grave implications such a move could have on Ghana’s democratic stability.
“This is not just a legal matter—it’s about the soul of our democracy,” said Dr. Maame Nyarkoa, a constitutional law expert at the University of Ghana. “Attempting to extend presidential term limits through manipulation would meet stiff resistance from the Ghanaian public.”
No official comment has been issued yet by the NDC, former President Mahama, or the Office of the President. The Electoral Commission and Judiciary have also not responded to the claims.
The Ghanaian public, known for its strong democratic spirit, is expected to watch developments closely.
This story is developing.
