Cabinet Approves Constitutional Review Proposals as Supreme Court Weighs Presidential Term Limits and Financial Sector Rulings

The Cabinet of Ghana has reached a significant milestone in the nation's governance by finalizing its deliberations on the Government’s Position Paper regarding the review of the 1992 Constitution. This progress marks a critical phase in constitutional reform, paving the way for formal announcements on several high-stakes recommendations. Among the key proposals under consideration are the extension of presidential terms from four to five years, the separation of the roles of Ministers of State from Members of Parliament, the establishment of an independent Emoluments Commission, and significant reforms to the appointment process for Metropolitan, Municipal, and District Chief Executives (MMDCEs). Attorney-General Dr. Dominic Ayine is expected to publish the Position Paper and provide a detailed public briefing in the coming week to outline the next steps for implementation.

While the executive branch moves forward with reforms, the judicial branch is addressing fundamental questions regarding the presidency itself. Two individuals, Ganiwu Alhassan and Kenneth Kwabena Agyei Kuranchie, have filed separate suits at the Supreme Court seeking a definitive interpretation of Article 66(2) of the 1992 Constitution. The plaintiffs are challenging the current understanding of presidential term limits, specifically questioning whether the two-term restriction applies to non-consecutive terms. Kuranchie argues that a break of at least one electoral cycle should reset eligibility, a legal maneuver that follows his previous attempts to disqualify former President John Mahama. The Attorney-General has been given 14 days to respond to these filings, which could reshape the eligibility criteria for future Ghanaian elections.

In a parallel legal development affecting the financial sector, the Supreme Court has issued a stay of execution on a Court of Appeal ruling that ordered the Bank of Ghana to restore the operating licence of GN Savings and Loans Limited. The central bank had appealed the lower court's decision, which sought to reverse a revocation made during the 2017 financial sector clean-up. This suspension ensures that the status quo remains unchanged while the Supreme Court reviews whether the Bank of Ghana acted within its regulatory powers. The final verdict is expected to clarify the extent of the central bank's authority in licensing and oversight, carrying significant implications for other financial institutions affected by past reforms.

Further intensifying the legal and political landscape, high-profile figures are facing scrutiny in the courts. Lawyers for the Ashanti Regional NPP Chairman, Bernard Antwi-Boasiako (popularly known as Chairman Wontumi), are seeking a Supreme Court interpretation of the Minerals and Mining Act, arguing that provisions under which he is being prosecuted for unauthorized mining are unconstitutionally vague. Simultaneously, Nana Appiah Mensah of Menzgold has filed witness statements as his long-running fraud trial continues. Amidst these developments, Speaker of Parliament Alban Bagbin has issued a call for legislative leadership in the fight against corruption, urging Members of Parliament to enhance their oversight of public finances and political financing to ensure democratic integrity and transparency across all public institutions.