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The Minister of State in charge of Government Communications, Felix Kwakye Ofosu, has confirmed that petitions seeking the removal of the Electoral Commission (EC) Chairperson, her two deputies, and the Special Prosecutor (SP) have been received and are now in the hands of the Chief Justice for further action.
Speaking on Joy Midday News, Kwakye Ofosu said, “Every process that needed to be done has been undertaken. The process for doing so is quite clear. At this stage, the process has left the hands of the president beyond conveying the petitions to the Chief Justice.
” There’s little else that the president does in this particular instance. Everything now rests with the Chief Justice, who I believe will act in accordance with Ghanaian law.”
President John Dramani Mahama has formally referred ten petitions to the Chief Justice in line with Article 146 of the 1992 Constitution. Seven of the petitions target the EC leadership, including Chairperson Jean Mensa, and her two deputies, Dr Bossman Eric Asare (Corporate Services) and Samuel Tettey (Operations).
The remaining three petitions call for the removal of Special Prosecutor Kissi Agyebeng.
Among the petitioners is an interdicted EC staff member, Joseph Blankson Adumadzie, who alleged misconduct, abuse of office, cronyism and breaches of administrative procedures.
Other petitioners have cited concerns over internal management and decision-making within the Commission.
Petitions against the Special Prosecutor have been submitted by civil society organisations including the Coalition for Integrity in Governance-Ghana (COFIIG). Demonstrations held in Accra under the theme “Agro Ne Fom” in late November also led to a petition demanding the removal of Mr Agyebeng, citing perceived inefficiency in the Office of the Special Prosecutor.
By referring the petitions to the Chief Justice, President Mahama has triggered the first step in the constitutionally mandated removal process. The Chief Justice will now determine whether a prima facie case exists. If so, an investigative committee, typically comprising justices of the superior courts and other independent persons, will be formed to conduct hearings in camera.
The findings of the committee will be submitted to the Chief Justice, who will relay them to the President for a final decision. For the Special Prosecutor, the removal process is also governed by Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959).
Some civil society groups, including the Centre for Democracy and Socio-Economic Development (CDS Africa), have cautioned against removing the EC leadership, warning that it could undermine institutional independence and public confidence in the Commission. All officials named in the petitions remain in their positions as the Chief Justice reviews the submissions.
The outcome will depend on the Chief Justice’s preliminary assessment and any subsequent recommendations of a formally constituted investigative committee.
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