Thailand's Constitutional Court has ruled Prime Minister Prayuth Chan-ocha had not exceeded the maximum eight years allowed in the post, paving the way for his likely return from a five-week suspension.
The court announced its decision on Friday in a case filed by the opposition Pheu Thai party, which had sought clarity on whether Mr Prayuth's time as leader of a junta formed after a coup he led eight years ago should count in his overall tally.
The court, in a 25-minute reading of the verdict, said Mr Prayuth's tenure as prime minister should be counted from 2017, when a new constitution was promulgated.
The nine-member court said in a majority opinion that because the constitution came into effect after Mr Prayuth had already taken power, the term limit did not apply to the time he had previously served, since the constitution did not specify it could be applied retroactively.
Mr Prayuth had been suspended from office while the court deliberated the case, which he said had given him time to reflect.
"This past month I have realised that I need to use my limited time in government to push important projects to their realisation, for the progress of the country and for the future of our children," he said in a Facebook post after the ruling, promising big infrastructure upgrades.
A government spokesperson said Mr Prayuth respected the decision and thanked those who provided encouragement.
"From now, the prime minister will proceed to [his current term's] completion so that the country will progress," the spokesperson said.
Last month, the court suspended Mr Prayuth, 68, from carrying out the prime minister's duties pending its ruling.
The senior deputy prime minister in his cabinet, Prawit Wongsuwan, became acting prime minister, while Mr Prayuth retained his concurrent position of defence minister.
The decision will be a boost for Mr Prayuth, a staunch royalist whose premiership has been beset by attempts to unseat him, including four house censure motions, a conflict of interest case and major protests challenging his leadership and the monarchy.
Had Mr Prayuth been forced out, power would have been ceded to a caretaker government with limited executive powers, assembled from the current cabinet, which would have sat until Parliament elected a new prime minister.
The eight-year term limit was meant to target former prime minister Thaksin Shinawatra, a populist billionaire who was ousted by a 2006 military coup but whose political machine remains powerful.
The army in 2014 also ousted the government of Mr Thaksin's sister, Yingluck Shinawatra, who was forced from office shortly before the takeover by a controversial court decision.
Thailand's traditional conservative ruling class, including the military, felt Mr Thaksin's popularity posed a threat to the country's monarchy as well as their own influence.
The courts have been stalwart defenders of the established order and ruled consistently against Mr Thaksin and other challengers.
Prayuth could stay in power until 2025
An opinion poll in early August showed Mr Prayuth's popularity waning, with nearly two-thirds of people surveyed wanting him to leave office.
The retired general was junta leader and prime minister from 2014 until an election in 2019, after which a new parliament chose him to stay on as premier.
The Pheu Thai party, which led the government ousted by Mr Prayuth in 2014, believed he reached the eight-year milestone last month and petitioned the court to set the record straight.
Mr Prayuth's supporters, however, had argued his premiership started when a new constitution was promulgated in 2017, while others said it began after the 2019 election.
The court's decision means Mr Prayuth could remain premier until 2025, if re-elected.
An election must be held by May 7 next year at the latest, according to the election commission.
In 2020, tens of thousands of people took to the streets to demand that Mr Prayuth and his cabinet resign, while also calling for the constitution to be amended and the monarchy to be reformed.
Several confrontations between the student-driven protest movement and authorities became violent.
Activists had threatened new protests if the court found in favour of Mr Prayuth, raising fears of more unrest.
Wires/ABC
