President John Mahama has only eight months into his presidency recently declared that he has no intention to run for a third term in office. His declaration obviously relates to Article 66 of the 1992 Constitution which states that a person shall not be elected to hold office as president of Ghana for more than two terms.

The issue as to whether or not Article 66 of the 1992 Constitution closes the door on the extension of a President’s term in office after he has served for two terms has recently begun to engage the minds of Ghanaians. However, this issue cannot be properly examined without reference to the 1992 Constitution itself. The 1992 Constitution under Article 290 classifies Article 66 under its entrenched provisions which can be amended through detailed procedures as outlined under the Article.

In other words, the 1992 Constitution makes room for the amendment of its entrenched provisions under Article 290, including Article 66 on Presidential Term limits.

The procedure for amending such entrenched provisions of the Constitution essentially requires the involvement of Parliament, The Council of State, The Electoral Commission and the Voting Public of the Republic of Ghana. Thus Presidential Term limits even though entrenched under the Constitution are not set in stone and can be amended provided specified procedures as outlined in the Constitution are followed to the letter.

Specifically, the procedure for amendment of Article 66 has to be initiated by Parliament and go through a referendum involving 40% of the voting public which results in 75% of the voters at the referendum endorsing the amendment of the entrenched provision to permit an extension of an expired Presidential Term.

The issue of the extension of President Mahama’s 2nd term of office upon its expiration could possibly arise in event he performs successfully as President in his current term, and a majority of Ghanaians agitate for an amendment of the Constitution to enable him become eligible to contest for a further term. The Constitution of Ghana makes this amendment open to any President provided he has the support of majority of the people and specified constitutional procedures are followed successfully.

Constitutions worldwide are living documents and are not designed to be rigid in their application especially where they contain specific provisions for their amendment. It is interesting to note that in as much as the 1992 Constitution makes way for amendment of its entrenched provisions, the procedures for successfully going through with such amendments are detailed and provides no guarantee of success when embarked on.

The perception that once a provision is entrenched, it cannot be amended is therefore not valid under the 1992 Constitution. Therefore any effort to prevent or frustrate an amendment of an entrenched provision of the Constitution goes against the tenets of the 1992 Constitution itself.

President Mahama has declared his intention not to run for a third term and this is a lawful position for him to take since the Constitution currently grants him only two terms.

However, once the Constitution is amended under Article 290, the door legally opens for him to contest beyond his current term. Interestingly, the processes to amend the Constitution in this regard need not be initiated by him, or the Executive.

It is therefore not for President Mahama alone to decide whether to contest Presidential Elections after his current term expires or not. The people through Parliament have a say in this matter and may direct the way forward on this matter prior to 2028. Thank you.

God bless our Homeland Ghana And make our Nation great and strong. Long live President Mahama, long live Ghana