By Francis Kobena Tandoh
President John Dramani Mahama has formally forwarded petitions seeking to remove the Chairperson of the Electoral Commission (EC) and her two deputies, as well as the Special Prosecutor (SP), to the Chief Justice, Spokesperson to the President and Minister for Government Communications Felix Kwakye Ofosu confirmed on Monday.
According to him, the decision by Mahama fulfills the procedural obligation under the constitution when such petitions are filed and received.
“There are 10 petitions in total: 7 against EC leadership — Jean Mensa (Chair), Dr Bossman Eric Asare (Deputy – Corporate Affairs), and Samuel Tettey (Deputy – Operations) — and 3 against Kissi Agyebeng (Special Prosecutor at OSP).
Under Article 147 of the 1992 Constitution of Ghana, the Chairperson and Deputy Chairpersons of the EC have the same status and conditions of service as Justices of the superior courts.
That means removal requires the same rigorous process used for judges: referral to the Chief Justice, prima facie determination, and, if warranted, a tribunal/investigatory committee.
If the Chief Justice — after reviewing the petitions — finds a prima facie case, a committee of Justices and independent persons will be constituted to investigate.
They will examine evidence and submit recommendations. Proceedings are held in camera, and the implicated officials have the right to defence (lawyer or expert).
The President must act on the committee’s recommendations. There is no discretionary power once the report is submitted.
One of the petitions filed by an EC staff member alleges 12 counts of misbehaviour, including cronyism, abuse of office, and “gross incompetence.” It cites issues such as alleged mismanagement tied to earlier biometric voter-registration procurement and concerns about state property misuse.
Advocates of the petitions argue that, under past performance, especially around the 2020 elections and subsequent institutional actions, the EC’s leadership failed to uphold constitutional electoral principles and governance standards.
On the flip side, some civil-society voices have cautioned against the removal, warning it could undermine the institutional independence of the EC and set a damaging precedent where every new government purges key institutions.
The immediate next step: the Chief Justice must determine whether there is a prima facie case. If yes, a constitutionally mandated investigative committee is formed. If not, the petitions could be dismissed.
If the committee is formed, the process will be in camera, and the persons named have the right to defend themselves; findings will go to the Chief Justice and then to the President for final determination.
This could lead to dismissal or exoneration of EC leadership (and/or the SP) depending on evidence and findings.
Given that the EC plays a central role in Ghana’s democracy and elections, the outcome could have deep implications for public trust in electoral institutions — especially ahead of future elections. Enditem
Source: Ghana Eye Report
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