President John Dramani Mahama has received a total of 10 petitions seeking the removal of key public officeholders, including the heads of the Electoral Commission (EC) and the Office of the Special Prosecutor (OSP).
Seven petitions target EC Chairperson Jean Mensa and her deputies, Dr Bossman Eric Asare, responsible for Corporate, and Samuel Tettey, in charge of Operations.
Three petitions have been filed against Special Prosecutor Kissi Agyebeng. Sources confirm that all petitions have been forwarded to the Chief Justice, Justice Paul Baffoe-Bonnie.
Under Article 70(2) of the Constitution, the President appoints the EC Chairperson, Deputy Chairmen, and other members on the advice of the Council of State.
The EC leadership’s conditions of service align with those of Justices of the superior courts, making their removal subject to strict constitutional procedures.
The Chairperson shares the same terms as a Court of Appeal Justice, while the deputies’ terms match those of High Court Justices.
Article 146 of the 1992 Constitution outlines the removal process for superior court Justices and tribunal chairpersons. A petition must first be referred to the Chief Justice, who determines whether a prima facie case exists.
If so, a committee of three Justices and two other appointed members investigates the complaint and submits recommendations to the Chief Justice, who forwards them to the President.
Proceedings are held in camera, and the officeholder is entitled to legal representation. The President is required to act on the committee’s recommendations.
The removal process for the Special Prosecutor follows similar principles under Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959).
A petition must be submitted to the President, who refers it to the Chief Justice within seven days.
If a prima facie case is found, a committee is appointed to investigate within 90 days and submit recommendations. The President is constitutionally bound to act on the committee’s findings.
