President John Dramani Mahama has forwarded a total of ten petitions to the Chief Justice, initiating constitutional processes for the potential removal of the Chairperson of the Electoral Commission (EC), her two deputies, and the Special Prosecutor.
The move, confirmed by Presidential Spokesman and Minister in-charge of Government Communications, Mr. Felix Kwakye Ofosu, follows the receipt of the petitions at the Presidency.
According to Mr. Ofosu, the Presidency has forwarded seven petitions calling for the removal of Mrs. Jean Mensa (EC Chairperson), Dr. Bossman Eric Asare (Deputy in-charge of Corporate Affairs), and Mr. Samuel Tettey (Deputy in-charge of Operations).
In addition, the President also referred three other petitions to the Chief Justice seeking the removal of Mr. Kissi Agyebeng, the Special Prosecutor.
President’s Role
Mr. Ofosu stressed that the President’s involvement is strictly limited to this forwarding action, as stipulated by constitutional provisions.
“The President has absolutely no role beyond forwarding the petitions as received to the Chief Justice,”
Mr. Ofosu told the Ghana News Agency. “So, it is the Chief Justice who will determine the grounds on which the process has to be taken forward.”
He further noted that the inherent legal process guarantees the principles of natural justice, meaning the accused individuals are entitled to be heard in their defense.
Constitutional Process
The constitutional framework dictates that the removal process for the EC Chairperson is akin to that of a Justice of the Court of Appeal, while the Deputies’ removal follows the procedure for a Justice of the High Court (Article 44 of the 1992 Constitution).
The key legal pathway is outlined in Article 146, which requires the Chief Justice to Determine if a prima facie case exists following the petition. If a prima facie case is established, set up a committee consisting of three Superior Court Justices (or Regional Tribunal Chairmen) and two non-lawyer, non-parliamentarian, non-Council of State members. This committee will then investigate the complaint, hold proceedings in camera, and forward its recommendations back to the Chief Justice, who passes them on to the President. Ultimately, the President is required to act in accordance with the committee’s recommendations.
The grounds for removal under Article 146(1) are stated misbehaviour, incompetence, or inability to perform functions arising from infirmity of body or mind.
