“Leaked NDC Strategic Document”: Will Mahama dare tamper with 2-term constitutional limit?

Ghanaians are due to elect the sixth President of the 4th Republic on 7 December 2024. The presidential race is, effectively, between the two candidates of the two prominent political parties — sitting Vice President and presidential candidate of the New Patriotic Party (NPP), Dr Mahamudu Bawumia, and former President and presidential candidate of the opposition National Democratic Congress (NDC), John Dramani Mahama.

If Ghanaians elect Dr Mahamudu Bawumia as president, he will constitutionally be able to serve two 4-year terms in office. On the contrary, John Mahama of the NDC, having previously served a full 4-year term as President of the Republic (7 January 2013 to 7 January 2017) and, before that from (24 July 2012 to 7 January 2013, to complete the unexpired term of the late Prof John Evans Atta Mills), Mr Mahama can only serve in office for a four-year term to add up to his previous full term in office to make the total years in office 8.

However, following the re-surfacing of a 56-page leaked document alleged to be a highly confidential strategic plan of the NDC to win political power in the 2024 elections and beyond, concerns have been raised over speculations that, if victory comes their way, the NDC intends to seek a judicial interpretation that may establish that, the 2-term limitation only applies where a person serves two consecutive four-year mandates.

NPP accusation

Earlier this week, the National Youth Organiser of the NPP, Salam Mustapha, referred to the alleged leaked document, said to be authored in 2021, to show that the sudden surge in public protests and calls for strike actions are simply playing out an NDC electioneering plan.

In a statement issued by Salam Mustapha Wednesday, 9 October 2024, he argued that the recent strike action call by Organised Labour over galamsey (which was subsequently abandoned on that same Wednesday was likely from an NDC playbook.

“A confidential document titled ‘WINNING 2024 AND BEYOND — A COMPREHENSIVE NDC STRATEGY
(Confidential – 2021) by the National Democratic Congress (NDC) in 2021, was leaked into the public domain and came to our attention in December 2022,” said the NPP Youth leader, adding, “This document outlines the NDC’s strategy for the 2024 elections, and it is becoming increasingly evident that Organised Labour is following this politically motivated plan,” Salam Mustapha said in his statement.

Significant Obstacles

Chapter eleven of the NDC leaked strategy entitled “Navigating the Constitutional Limitations on John Mahama’s Presidency,” essentially acknowledges that “a significant obstacle that lies ahead is the constitutional limitation that prevents John Dramani Mahama from serving more than one additional term as President if he wins in 2024.”

It reads, “According to Article 66 (2) of the Constitution, ‘A person shall not be elected to hold office as President of Ghana for more than two terms,’ which implies that Mahama would be barred from seeking re-election in 2028. This constitutional provision could undermine his accountability to the electorate, as voters may feel reluctant to elect a candidate who is not constitutionally bound to face them for re-election.

“To counter this, a strategic plan must be put in place to reshape public perception and explore avenues for constitutional amendment. This chapter outlines the steps the NDC must take to manage this challenge, drawing on precedents from other African nations and international examples such as Russia, and detailing the work required to influence both public opinion and the judicial system” the NDC’s purported strategic document suggests.

While exploring the possibility of a constitutional amendment, the document appears to draw inspiration more from the Russian model, by suggesting that an easier option would be to go to a “favourable” Supreme Court bench for a interpretation on whether the two term limitations refers to a bar from seeking a third consecutive term or a third term simpliciter.

At page 56, under the title, ‘Securing Constitutional Interpretation or Constitutional Amendment Seeking Supreme Court Interpretation’ the supposed strategy is laid out bare.

“In addition to public propaganda, the NDC must pursue a judicial strategy to challenge the current interpretation of Article 66(2) of the Constitution. The legal argument should focus on the notion that ‘two terms’ means two consecutive terms. Since Mahama’s first term was interrupted and he served his first term between 2012 and 2016, a legal case could be made that he is eligible to run for two more consecutive terms if he wins in 2024,” the paper argues.

It continues, “Significant groundwork must be laid to influence the Supreme Court to ensure a favourable interpretation. This includes working towards expanding the court’s composition by appointing additional justices sympathetic to the NDC’s understanding of the Constitution.”

It adds, “By shaping the court’s composition, we increase the likelihood of obtaining a ruling favouring this constitutional interpretation.”

It is recalled that in Russia, where after exhausting his two terms as President of Russia, Mr Vladimir Putin was barred from a third consecutive term. His strategy was to go for a tandemocracy by simply swapping places to be succeeded by his prime minister, Dmitry Medvedev from 2008 to 2012. Instructively, Putin then returned in 2012 to start all over again as President. Thus, a third term may be possible so long as it does not continue consecutively from the earlier two without a break.

The NDC Flagbearer has already given public notice that he intends to appoint more justices to the apex court, if elected. The Chief Justice has also made it clear that there are more judges needed to ease the overwhelming workload of cases.

CAPS

On the option of amending the Constitution, the alleged leaked document argues, somewhat oddly, that the opposition party must rather counter concerns over a potential lack of accountability after a possible Mahama win spreading a narrative that suggests Mahama will “work towards amending the Constitution to allow him to serve beyond a single term.

“This messaging must be carefully crafted to appeal to voters who believe in strong leadership and stability, emphasising the need for continuity in leadership to ensure long-term national development. The idea is to create a sense that Mahama’s leadership is indispensable for Ghana’s progress and that an extension of his term will enable him to implement his vision for the country fully,” so the argument goes.

“This narrative should be supported by references to international examples where constitutional changes have been made to allow presidents to extend their stay in power, by normalising the idea of constitutional amendments for incumbents, we can soften public resistance to such a move in Ghana,” the document attributed to the NDC says.

It goes ahead to sight four examples of constitutional amendments in Africa and Russia that could be exploited by a Mahama administration in Ghana, noting that “across the African continent, several countries have altered their constitutions to allow incumbent presidents to extend their time in office.”

Constitutional reforms

First, Uganda: In 2005, Uganda’s Parliament passed an amendment to remove presidential term limits, allowing President Yoweri Museveni to extend his stay in office. Museveni, who first came to power in 1986, has benefited from this amendment, which has enabled him to serve multiple terms beyond the limits.

Second, Ivory Coast: President Alassane Ouattara ran for a controversial third term in 2020, citing changes to the Constitution that reset the presidential term limits. Despite public protests and criticism from opposition parties, Ouattara secured victory, and his extended tenure was legally upheld.

Third, Rwanda: In 2015, Rwanda held a referendum that overwhelmingly approved constitutional changes, allowing President Paul Kagame to remain in power until 2034. Kagame, who has been President since 2000, is viewed as having the support of much of the country’s electorate due to his role in stabilising Rwanda after the genocide.

Lastly, Russia: One of the most notable examples of a leader extending their time in office through constitutional changes is Russia’s Vladimir Putin. In 2020, Russia passed constitutional amendments that effectively allows Putin to remain in power until 2036.

Asaase Broadcasting Company airs on Asaase 99.5 Accra, Asaase 98.5 Kumasi, Asaase 99.7 Tamale, Asaase 100.3 Cape Coast, AsaasePa 107.3 (Accra).
Affiliates: Bawku FM 101.5, Bead FM 99.9 (Bimbilla), Mining City Radio 89.5 (Tarkwa), Nandom FM 101.9, Nyatefe Radio 94.5 (Dzodze), Sissala Radio 96.3 (Tumu), Somuaa FM 89.9 (Gushegu), Stone City 90.7 (Ho) and Wale FM 106.9 (Walewale).
Listen online: asaaseradio.com, Sound Garden and TuneIn.
Follow us:
X: @asaaseradio995, @Asaase985ksi, @Asaase997tamale, @asaase1003, asaasepa1073
Instagram: asaaseradio99.5, asaase985ksi, asaase100.3, asaase99.7tamale, asaasepa107.3
LinkedIn: company/asaaseradio995. TikTok: @asaaseradio99.5
Facebook: asaase99.5, asaase985ksi, Asaase100.3, asaase99.7, AsaasePa107.3.
YouTube: AsaaseRadioXtra.
Join the conversation. Accra: call 020 000 9951/054 888 8995, WhatsApp 020 000 0995. Kumasi: call 059 415 7985 or call/WhatsApp 020 631 5260. Tamale: call/WhatsApp/SMS 053 554 6468. Cape Coast: call/WhatsApp 059 388 2652.
#AsaaseRadio

The post “Leaked NDC Strategic Document”: Will Mahama dare tamper with 2-term constitutional limit? appeared first on Asaase Radio.