Proposed 5-Year Presidential Term Won’t Apply to Current President – Prof Prempeh

Introduction

In a significant development regarding Ghana’s constitutional future, Professor Kwasi Henry Prempeh, the Chairman of the Constitution Review Committee (CRC), has provided a critical clarification on the implementation timeline of proposed governance reforms. Specifically, he confirmed that the recommended extension of the presidential term of office from four years to five years will not apply to the current President, John Mahama. This statement aims to quell political speculation and ensure public understanding of how constitutional amendments interact with existing electoral mandates. Understanding these legal nuances is essential for anyone following Ghanaian politics, constitutional law, and the ongoing process of national governance reform.

Key Points

Background

The context of this announcement lies in the broader mandate of the Constitution Review Committee. Established to evaluate the 1992 Fourth Republican Constitution, the committee seeks to identify gaps and recommend amendments that reflect the evolving needs of the Ghanaian state. On Monday, December 22, the committee officially presented its report to the President.

Among the various proposals aimed at strengthening democratic institutions, the extension of the presidential term of office emerged as a focal point. The debate surrounding term lengths is a recurring theme in political science and constitutional law, balancing the need for policy continuity against the risks of prolonged executive power. By proposing a five-year term, the CRC suggests that four years may be insufficient for a government to fully execute its development agenda before facing re-election.

Analysis

The Principle of Non-Retroactivity in Constitutional Law

Professor Prempeh’s assertion that the new term will not apply to the current President is grounded in the fundamental legal principle of non-retroactivity, or prospectivity. In democratic legal systems, laws—especially those altering the scope of power or tenure—generally apply to future actions, not past ones. This prevents the disruption of established legal relationships and ensures stability.

If the five-year term were applied retroactively, it would effectively extend the current President’s mandate without a specific electoral mandate from the people to do so. This would violate the “social contract” under which the current administration was elected. The four-year term is not merely a guideline; it is a constitutional condition of the election that brought the current government to power. Therefore, altering that condition after the fact would be legally untenable and politically destabilizing.

Governance Continuity vs. Political Stability

The proposal to extend the term to five years is designed to address the issue of “short-termism” in governance. A five-year window allows a government more time to plan, execute, and consolidate long-term policies without the immediate pressure of mid-term elections or the “lame-duck” period often associated with the final year of a four-year term.

However, the Committee’s decision to limit this to future terms demonstrates a commitment to procedural integrity. By ensuring the change does not benefit the incumbent, the CRC safeguards the proposal from accusations of self-interest or manipulation. This strengthens the legitimacy of the constitutional review process itself.

Practical Advice

For citizens, political analysts, and stakeholders in Ghanaian democracy, navigating the discourse around constitutional amendments requires a focus on factual accuracy and legal timelines.

• Verify Information: When discussing term limits, always refer to the official reports from the Constitution Review Committee rather than relying on hearsay or social media speculation.
• Understand the Legislative Process: Note that a proposal by the CRC is not yet law. It must go through a rigorous legislative process, including a parliamentary vote and a national referendum, before it can alter the Constitution.
• Focus on the Future: Engage in discussions about the merits of a five-year term based on its potential impact on future governance, rather than viewing it through the lens of the current political cycle.
• Monitor Legal Drafting: Keep an eye on the specific wording of the constitutional amendment bill when it is published. Look for “commencement dates” and “transitional provisions” that clarify exactly when new rules take effect.

FAQ

Conclusion

Professor Kwasi Henry Prempeh’s clarification regarding the proposed five-year presidential term is a vital contribution to the public discourse on Ghana’s constitutional future. By confirming that the extension will not apply to the current administration, the Constitution Review Committee has upheld the principles of legal prospectivity and electoral fairness. This ensures that while the nation may debate the merits of longer terms for better governance, such changes are implemented with a forward-looking perspective. As the recommendations move through the legislative process, this distinction remains the cornerstone of a transparent and lawful constitutional review.