THE Chief Justice, Paul Baffoe-Bonnie, has determined that there is no prima facie case in multiple petitions seeking the removal of the Chairperson of the Electoral Commission (EC), two Deputy Commissioners, and the Special Prosecutor (SP).
Consequently, he has written to President John Dramani Mahama indicating that the seven petitions seeking the dismissal of the Electoral Commissioners, and three against the Special Prosecutor, do not warrant any further investigations for the removal of the constitutional and statutory office holders.
“By a letter dated January 26, 2026, the Chief Justice informed His Excellency the President that no prima facie case had been established by the petitioners to warrant any further investigations for the removal of the Electoral Commissioner, Deputy Commissioners, and the Special Prosecutor,” a statement signed by Minister of Government Communications, Felix Kwakye Ofosu, stated.
President Mahama on November 25, 2025, referred the petitions seeking the removal of Jean Mensa, her two deputies, Dr Bossman Asare and Samuel Tettey, and Kissi Agyebeng respectively, to the CJ in accordance with Article 146 of the 1992 Constitution and section 15 of the Special Prosecutor Act.
The petitions, according to Mr Ofosu, were filed by various groups and individuals. Some of the grounds of the petition include cronyism, incompetence, and abuse of office, The Ghanaian Times has gathered.
Per the provisions of 146 (1), Mrs Mensa and her deputies, who have conditions of service of a justice of the Court of Appeal and High Court, respectively, “shall not be removed from office except for stated misbehaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of body or mind”.
On the other hand, the SP, under Act 959, provides that he shall not be removed from office except for stated misbehaviour or incompetence; incapacity to perform the functions of the office; willful violation of the Official Oath or Oath of Secrecy; or conducts which bring, or are likely to bring, the office into disrepute, ridicule or contempt; or are prejudicial or inimical to the economy or security of the State.
While the constitution provides no timelines for the removal of the EC bosses, Act 959 does state that a person seeking to remove the SP from office must submit a petition to the President, who must, within seven days, refer the petition to the Chief Justice.
The CJ is also enjoined to, within 30 days, determine whether there is a prima facie case.
Where a prima facie case is established, the Act provides that the CJ shall, within 14 days, set up a committee to investigate the matter in 90 days and make recommendations to the President through the CJ.
The President is also duty bound to act in accordance with the recommendations of the committee.
Removal of EC Chair, SP, others: No prima facie case established…CJ urges President to dismiss petitions
BY JULIUS YAO PETETSI
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