President John Dramani Mahama has received 10 separate petitions seeking the removal of top officials from two key state institutions — the Electoral Commission (EC) and the Office of the Special Prosecutor (OSP).
According to Graphic Online’s Emmanuel Ebo Hawkson, all petitions have been forwarded to the Chief Justice, Justice Paul Baffoe-Bonnie, as required by law.
Breakdown of the Petitions
Electoral Commission
A total of seven petitions target the leadership of the EC, including:
Jean Mensa – Chairperson
Dr. Bossman Eric Asare – Deputy Chairperson (Corporate Services)
Samuel Tettey – Deputy Chairperson (Operations)
Office of the Special Prosecutor
Another three petitions call for the removal of the Special Prosecutor, Kissi Agyebeng.
Constitutional Basis
Appointments (Article 70)
Article 70(2) empowers the President, acting on the advice of the Council of State, to appoint the EC Chairperson and deputies.
Conditions of Service
EC Chair enjoys the same conditions as a Justice of the Court of Appeal.
EC deputies have conditions similar to Justices of the High Court.
This means their removal procedures follow nearly the same rigorous process as judges of the superior courts.
How Removal Works (Article 146)
A Justice of the Superior Court or EC Chair/Deputy can only be removed for:
Stated misbehaviour
Incompetence
Inability to perform duties due to infirmity
Procedure
President receives a petition → refers it to the Chief Justice.
Chief Justice determines a prima facie case.
If prima facie is established, the CJ sets up a five-member committee, consisting of:
Three Superior Court Justices or Tribunal Chairpersons
Two non-lawyers who are not MPs or Council of State members
The committee investigates the allegations in camera.
The committee submits its recommendations to the CJ → forwarded to the President.
President must act strictly according to the committee’s recommendations.
Removal of the Special Prosecutor (Act 959, Section 15)
The Special Prosecutor may be removed for:
Misbehaviour or incompetence
Physical or mental incapacity
Wilful violation of oath
Conduct bringing the OSP into disrepute
Conduct prejudicial to state security or the economy
Timelines
- Petition sent to President
- Within 7 days → President forwards to CJ
- Within 30 days → CJ decides on prima facie case
- If prima facie is found → within 14 days, committee is formed
- Committee has 90 days to investigate and report
- President must act exactly as recommended by the committee
