Mahama forwards petitions against EC chair, deputies and Special Prosecutor to Chief Justice

The Minister in Charge of Government Communications, Felix Kwakye Ofosu, has confirmed that ten separate petitions seeking the removal of Special Prosecutor Kissi Agyebeng and Electoral Commission Chairperson Jean Mensa, together with her two deputies, have been formally forwarded to the Chief Justice, Justice Paul Baffoe-Bonnie, for consideration.

Speaking at the Government Accountability Series in Accra on Wednesday, Mr. Kwakye Ofosu said President John Dramani Mahama has completed his constitutional role in the matter by transmitting the petitions to the Chief Justice and will only become involved again if required after a legal determination is made.

“Unlike petitions against the Chief Justice, the President’s mandate regarding petitions against the Special Prosecutor and the Electoral Commissioner and her two deputies ends with conveying them to the appropriate authority—in this case, the Chief Justice. That was done a couple of weeks ago,” he explained.

According to him, seven of the petitions are directed at Jean Mensa and her two deputies, while three target Special Prosecutor Kissi Agyebeng.

“The President has no role beyond that. The Chief Justice’s office may be in a better position to comment. The President will be called upon to act only after the Chief Justice has determined whether a prima facie case exists,” he added.

The petitions, which were filed by individuals and civil society groups, allege administrative and accountability breaches against the EC leadership, while those against the Special Prosecutor raise claims of incompetence and abuse of office.

Under Section 16 of the Office of the Special Prosecutor Act, 2017 (Act 959), the President is required to forward any petition seeking the removal of a Special Prosecutor to the Chief Justice within seven days.

The Chief Justice then has 30 days to determine whether a prima facie case has been established. If so, a three-member committee is set up to investigate and make recommendations to the President.

The next phase of the process now rests with the Chief Justice, whose decision will determine whether the petitions proceed to a full inquiry.