John Mahama’s quest for another term; What he needs to do
As a country, we have had five different presidents since the advent of the Fourth Republic which started with the 1992 elections. Of the five presidents, three have had two completed terms of four years totaling eight years each.
Late President John Evans Atta Mills had his first tenure truncated by nature. Former President John Dramani Mahama took over the mantle of leadership and completed the remaining few months of the late President, before winning the 2012 general election to assume his own mandate.
However, he was denied a second term by the electorates in 2016. The former president and his party the National Democratic Congress (NDC) vehemently argued their case for a second term in order to complete his two terms, but Ghanaians were adamant and refused to compromise. To them, the NDC as a party has done what they could do, and there was the need for a change.
The 2024 Election
Former president Mahama is contesting again in the upcoming 2024 elections hence, the need to analyse his first term to ascertain whether he deserve another term or not.
This article analysis former president Mahama’s first term based on secondary quantitative data gathered from some relevant state institutions. The article starts with the hurdles and the challenges he faced and how he addressed them, it then analysed his achievements based on the data, if there was any.
Challenges Mahama faced:
1. Election Petition:
The first major challenge that confronted John Mahama during his presidency was the election petition challenging his victory. The then opposition New Patriotic Party, did not believe John Mahama won the 2012 election, they consequently filed a petition at the Supreme Court challenging the results. The
petition dragged on for about eight months before the court affirmed that he won the election as declared by the Electoral Commission. Undoubtedly this affected his presidency, the uncertainty of not knowing what the verdict would be had some effects on the government.
2. Energy Crises:
Immediately after the election petition, former president Mahama was hit with another major challenge. Between 2013 and 2015, there were massive energy crises that affected businesses, productivity and growth. The generational reoccurrences of the energy crises was attributed to decades of lack of investment in the energy sector.
The former president, procurement two major emergency power plants i.e. the Karpowership 450MW and the AMERI plant 250MW to address the energy crises.
Undoubtedly, businesses were hit by the energy crises, jobs and livelihoods were lost, but the generational problem was eventually solved by the former president by the end 0f December 2015.
Mahama’s achievements:
Quantitative data gathered from the ministry of health website, Ghana educational service, and other relevant sources revealed the following as projects undertaken between 2012 and 2016.
The construction of of Terminal (T3) of Kotoka International Airport, 420- bed Accra Regional Hospital, 617-bed Unit University of Ghana Medical Hospital, Bank of Ghana Medical Hospital, Circle Interchange, Tamale Airport, Second phase of the Tamale Teaching Hospital Expansion Project, Kumasi Airport expansion, Ho Airport, Kejetia Market project between 2012 and 2016.
Moreover, between 2012 and 2016, Bolgatanga Regional Hospital, 160-bed Upper West Regional Hospital and the 250-bed Ashanti Regional Hospital at Sewua-Kumasi, 500-bed Afari Military Hospital Project in Kumasi, 104-bed Police Hospital Project and 130-bed Maritime Hospital in Tema were constructed. The Accra Digital Centre (ADC), Kumawu Hospital, Asawase, Tafo, Krofuom and Kotokoraba markets were also constructed between 2012 and 2016.
The Ghana Export-Import Bank (EXIM Bank), the Bukom Sports Complex, Saglemi Housing Project, expansion the Takoradi Habour and 124 E-Blocks were constructed in John Mahama’s first term.
John Mahama also completed the Teshie desalination plant, the Kpong water expansion project, the ATMA project to expand access to urban water supply in Accra, the Wa water supply project and the 3Ks project, covering Kumawu, Konongo and Kwahu.
The road sector
In the road sector, some of the major roads constructed in the period are, Achimota-Ofankor, Awoshie-Pokuase, Sofoline, Tetteh Quarshie-Adenta, the Kasoa overhead bridge, the Airport Hills/Burma Camp network of roads, the 37-El Wak-Trade Fair road and the continuation the Eastern corridor roads.
Economy:
By December 2016, the data indicates that, 1 United States Dollar (USD) was equal to GHC 4.1 (he inherited 1 to 2) and 1 Great Britain Pound Sterling (GBP) was equal GHC 5.90 (he inherited 1 to 3.2) . The country’s Debt to Gross Domestic Product (GDP) was 54 percent, the national debt stock had reached GHC 122.6 billion.
The year-on-year inflation rate as measured by the Consumer Price Index (CPI) was 15.4 percent in December 2016, down by 0.1 percentage point from the 15.5 percent recorded in November 2016.
Corruption:
Despite the allegations of corruption, in 2016, the Transparency International’s released corruption perception index (CPI) and the NDC’s worse performance of 43 was better than the NPP’s best performance of 41 in 2023. The data indicate that, John Mahama prosecuted his own appointees which is rare in Ghanaian politics. He prosecuted his appointee, the former Executive Director of the National Service Alhaji Alhassan Imoro in 2015 for stealing GHC100 million.
He also prosecuted his own party member and appointee Mr. Abuga Pele for corruption and was jailed for 6 years. Mr. Abuga Pele is the former NDC Member of Parliament for Chiana-Paga constituency, and the head of the Ghana Youth Employment and Entrepreneurial Agency (GYEEDA) and was appointed by John Mahama.
Facts:
There were allegations of corruption and economic challenges under his regime, however. However, in four years of his presidency, he contributed to the infrastructural development of this country than any other president since 1992. He has invested in the country’s energy, water, health, education, technological, roads and transport, economy, housing, agriculture sector than any other president since 1992.
Verdict:
Based on the facts derived from the relevant data on former president Mahama’s first tenure, his contribution in infrastructure in all sectors is the highest since 1992, with numerous physical infrastructural projects in the country in four years, John Dramani Mahama deserves a second term.
What the law says
Article 66(2)
Article 66 of the 1992 Constitution categorically states that elected presidents can only serve two terms, with a term being a period of four years.
“(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,” section 1 and 2 of Article 66 states.
So, the keywords in this constitutional provision are “elected president” and “two terms.”
President Mahama has been elected to serve as president of Ghana twice, and he is allowed to serve for two terms.
Having already served his first term of 4 years between 2013 and 2016, Mahama can only be president till January 7, 2029, when his second term ends.
The 4th Republic of Ghana
So, there is no ambiguity in what the law on the term of office of the president says.
However, one of the things being thrown about regarding the law is it being for only presidents who served their two terms in succession. Mahama is the only two-term president in the history of the 4th Republic of Ghana who did not serve consecutive terms.
But there is no mention of the phrase “successive term”, as some are asserting, which would mean that because Mahama did not serve two continuous terms, he can run for president again.
Is there a way Mahama can be elected president again after his second term?
The only way President John Dramani Mahama can be elected into the office of the president again after his second term is if Article 66 of the constitution is amended.
Article 66
Article 66 is under Chapter 8 of the 1992 Constitution of Ghana, which is an entrenched provision. Unlike other unentrenched provisions of the constitution, which can be easily amended by a parliamentary majority, amending entrenched provisions is very rigorous.
President Mahama could have easily amended Article 66 of the constitution to give himself more terms in office, that is, if he is even entertaining such thoughts, because of the super majority (183 out of 276 seats in the House) the NDC has in Parliament.
However, as pointed out earlier, Article 66 is an entrenched provision and will require the say of the people of Ghana to be amended.
In other words, only Ghanaians can give Mahama a third or more term in office.
For an entrenched provision to be amended, it must gain at least 75% support in a referendum in which more than 40% of registered voters take part.
Below are the exact words of the 1992 Constitution for the amendment of entrenched provisions:
1992 Constitution
(2) A bill for the amendment of an entrenched provision shall, before Parliament proceeds to consider it, be referred by the Speaker to the Council of State for its advice, and the Council of State shall render advice on the bill within thirty days after receiving it.
(3) The bill shall be published in the Gazette but shall not be introduced into Parliament until the expiry of six months after the publication in the Gazette under this clause.
(4) After the bill has been read the first time in Parliament it shall not be proceeded with further unless it has been submitted to a referendum held throughout Ghana and at least forty percent of the persons entitled to vote, voted at the referendum and at least seventy-five percent of the persons who voted cast their votes in favour of the passing of the bill.
(5) Where the bill is approved at the referendum, Parliament shall pass it.
(6) Where a bill for the amendment of an entrenched provision has been passed by Parliament in accordance with this article, the President shall assent to it.
In conclusion, there is no way Mahama can serve for a third term under the current constitution, unless the people of Ghana want him to.