Petitions against EC chair, deputies and Special Prosecutor now before Chief Justice – Gov’t confirms

The Minister of State in charge of Government Communications, Felix Kwakye Ofosu, has confirmed that all petitions seeking the removal of the Electoral Commission (EC) Chairperson, her two deputies, and the Special Prosecutor (SP) have been duly received and forwarded to the Chief Justice for action.

Speaking on Joy Midday News, Mr. Kwakye Ofosu stated that the Presidency has completed all processes required of it under the law.

“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,” he said.

His comments follow President John Dramani Mahama’s receipt of ten petitions last week calling for the removal of the heads of the affected public institutions. Seven of the petitions target EC Chairperson Jean Mensa and her two deputies — Dr Bossman Eric Asare, in charge of Corporate Affairs, and Samuel Tettey, responsible for Operations. The remaining three petitions seek the removal of Special Prosecutor Kissi Agyebeng.

Under Article 70(2) of the 1992 Constitution, the president, acting on the advice of the Council of State, appoints the Chairperson, Deputy Chairpersons and other members of the Electoral Commission.

The Constitution further provides that the Chairperson and deputies of the EC enjoy conditions of service similar to Justices of the Superior Courts, and their removal follows the same procedures applicable to judges.

Whiles the EC Chairperson’s position is equivalent to that of a Justice of the Court of Appeal, the two deputies hold the same status as Justices of the High Court.

This means that under Article 146 of the Constitution, a petition for their removal must first be assessed by the Chief Justice to determine whether a prima facie case has been established. If so, a committee will be constituted to investigate the matter and make recommendations to the president, who is then bound by the outcome.

With regard to the Special Prosecutor, the removal process is governed by Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), which also requires the Chief Justice to determine whether a prima facie case exists before a committee is set up to probe the allegations.

Mr. Kwakye Ofosu assured the public that the Chief Justice is expected to strictly follow due legal process in addressing all the petitions.

“The President has no discretionary power in this matter beyond forwarding the petitions. The law is very clear, and the process is now strictly judicial,” he added.

The development has heightened public interest as Ghanaians await the Chief Justice’s determination on whether the petitions will proceed to full investigation.