A lawsuit against John Dramani Mahama, a former Ghanaian president and presidential contender, seeks to disqualify him from the 2024 ballot, alleging violation of the constitution’s presidential term provisions.
The legal challenge is spearheaded by Ken Kuranchie, a veteran journalist, lawyer, and member of the ruling New Patriotic Party (NPP). It will be the second time such a writ is being filed as the initial one by the same plaintiff was dismissed by the Supreme Court in November last year over non-compliance with court rules.
Kuranchie, relying on Article 66 of Ghana’s Constitution, argues that a second presidential term must be consecutive and that a former president is not eligible to seek re-election.
Article 66 (1) and (2) of Ghana’s constitution stipulates: “(1) A person elected as President shall, subject to clause (3) of this article, hold office for a term of four years beginning from the date on which he is sworn in as President.
“(2) A person shall not be elected to hold office as President of Ghana for more than two terms.”
The argument
Kuranchie tells The Africa Report: “I believe Article 66, (1) and (2) should be read as consecutive. That is, a person seeking a second presidential term must be a sitting president.”
“If you are in the first term and you contest and you fail to secure the second term, then you become a former president,” he adds.
Mahama, 65, is the only incumbent ever voted out of office in Ghana’s political history.
Kuranchie’s writ also challenges Mahama’s eligibility based on constitutional provisions that prohibit former presidents from holding any office of profit or emolument without parliamentary approval.
According to the constitution, “the president shall not, on leaving office as president, hold any office of profit or emolument, except with the permission of Parliament, in any establishment, either directly or indirectly, other than that of the state.”
Kuranchie argues, “Currently, we have a former president of Ghana, who is seeking to occupy the presidency again. It’s an office of profit or emolument and If he has to do that then he must go before Parliament to secure permission.”
The legal dispute prompts a thorough examination of the electoral laws and the criteria for presidential candidates. A former MP and minister, Mahama has contested in three previous elections. He won in his first attempt in 2012 but lost the 2016 and 2020 polls to incumbent Nana Akufo-Addo.
Political analyst Jonathan Asante-Otchere predicts that the lawsuit may bolster Mahama’s campaign, suggesting that it could sway undecided voters to support him.
“It will rather inure to his advantage because the neutrals and undecided voters may feel that probably because of the positive potential on his part of winning the 2024 elections that is the more reason why the plaintiff is in court again,” Asante-Otchere, also a lecturer at Ghana’s University of Cape Coast, tells The Africa Report.
The latest report from the Economist Intelligence Unit (EIU), dubbed ‘Africa Outlook 2024,’ suggests that the opposition National Democratic Congress (NDC), under the leadership of Mahama, is poised to emerge victorious in the December polls.
He presents a new agenda spearheaded by a 24-hour economy promise, despite facing criticism for economic challenges during his previous tenure from 2012 to 2016.
Ghana, a major exporter of oil, gold, and cocoa, suffered from the global commodity downturn during Mahama’s presidency, leading to increased debt due to government spending. During his tenure, persistent electricity shortages earned him the nickname “Mr Dumsor,” derived from a Ghanaian term signifying power outage.
Fictitious suit
Opposition party spokesperson Mustapha Gbande dismisses the suit as futile, saying, “Mahama is a legitimate candidate and will win the election.”
Gbande describes the suit as fictitious and “a waste of everybody’s time,” suggesting that the “NPP is scared and that is why they are using all sorts of shenanigans to draw bad blood for Mahama.”
Constitutional lawyer and executive director of policy think tank Stranek-Africa Nii Tettey Tetteh agrees, saying the suit is much ado about nothing. He adds that the former president is entitled to seek a second term, dismissing Kuranchie’s argument as baseless.
“The interpretation of Article 66 does not mean that once you go for president and you do not win the second term, you are done,” Tetteh tells The Africa Report. “Kuranchie has started on the wrong foot. I wish him all the best. But until then, he is being seen like a laughing stock.”
Kuranchie insists his lawsuit has merits.
“A lot of people would say that this is political… I’m interested in constitutionality. I believe if we were able to live according to the dictates of the 1992 Constitution, this society and this economy would be much better,” he says. (The Africa Report)
