From a constitutional and legal perspective, whether John Dramani Mahama can extend his presidency beyond the upcoming term requires examining Ghana’s 1992 Constitution, particularly the entrenched provisions and amendment processes.
Below is a detailed analysis from a lawyer’s perspective:
Understanding Entrenched Provisions in the Constitution
The Constitution classifies certain provisions as “entrenched,” meaning they are shielded from ordinary legislative changes and require a rigorous process for amendment.
Article 66(2) of the Constitution provides:
“A person shall not be elected to hold office as President of Ghana for more than two terms.”
This is an entrenched provision, and any attempt to amend it must follow the specific procedure outlined in Article 290.
Amendment Process for Entrenched Provisions
Article 290 lays out the steps for amending entrenched provisions:
Proposal by Parliament:
A constitutional amendment bill must first be introduced in Parliament.
For the bill to progress, it must receive the support of two-thirds (2/3) of all Members of Parliament (MPs).
Council of State Review:
After passing Parliament, the bill is referred to the Council of State, which must review and provide recommendations within 30 days.
National Referendum:
After the Council of State’s input, the proposed amendment must be subjected to a national referendum.
For the referendum to be valid:
At least 40% of registered voters must participate.
Of those participating, at least 75% must vote in favour of the amendment.
Presidential Assent:
If the referendum is successful, the amendment bill is presented to the President for assent, after which it becomes law.
This process is lengthy, complex, and designed to ensure broad-based public approval for significant constitutional changes.
Implications for Mahama’s Presidency
Scenario 1: As John Mahama As Won This Year’s Election
As John Mahama has won, it will mark his second term under the constitutional framework. This means he reaches the limit set by Article 66(2) and cannot run again unless the Constitution is amended.
Scenario 2: Can Parliament Alone Extend His Term Beyond Two?
No, Parliament alone cannot amend entrenched provisions, even with a two-thirds majority. The national referendum requirement under Article 290 is mandatory.
Without it, any extension would be unconstitutional.
Scenario 3: If the Entrenched Provision is Amended via Article 290
Hypothetically, if the constitutional amendment process is initiated and successful, the term limit could be adjusted.
However:
This would require overwhelming political consensus in Parliament (2/3 majority) and the public (75% approval in a referendum).
Given the political and democratic culture in Ghana, extending term limits is likely to face significant public and civil society opposition.
Legal and Political Challenges
Legal Considerations
The Constitution’s framers deliberately entrenched term limits to prevent authoritarian tendencies and ensure the rotation of power.
Any move to amend this provision would be scrutinized by the Supreme Court, which has historically protected the Constitution’s integrity.
Political Considerations
Extending term limits could lead to public discontent, protests, and allegations of democratic backsliding.
Political opposition and civil society groups would likely mobilize against such an amendment, framing it as self-serving.
Precedents in Ghana and Globally
Ghana has no precedent for extending presidential term limits, which have been strictly observed since the Fourth Republic.
Globally, attempts to extend term limits in other democracies (e.g., Uganda, Russia, and Rwanda) have often led to accusations of authoritarianism and political unrest.
Conclusion
From a legal standpoint, John Mahama cannot extend his presidency beyond the next term unless the entrenched provisions of the Constitution are amended following Article 290’s rigorous requirements.
Even with a two-thirds majority in Parliament, the amendment would still require a national referendum with overwhelming public approval—a highly unlikely outcome given Ghana’s strong democratic traditions and public resistance to term limit changes.
For Ghana, a move to amend presidential term limits would face not only legal hurdles but also significant political and social opposition, making it an exceedingly difficult and controversial endeavour.
