Accra: Mr Paul Baffoe-Bonnie, the Chief Justice, has found no prima facie case in a series of petitions seeking the removal of the Chairperson of the Electoral Commission (EC), her two Deputies, and the Special Prosecutor.
According to Ghana News Agency, a statement issued by Mr Felix Kwakye Ofosu, the Minister of State in charge of Government Communications and Presidential Spokesman, conveyed that the Chief Justice reached this conclusion after a thorough examination of seven petitions against Mrs Jean Mensa, the EC Chairperson, and her Deputies, Dr Bossman Eric Asare and Mr Samuel Tettey, as well as three petitions against Mr Kissi Agyebeng, the Special Prosecutor.
The statement noted that President John Dramani Mahama, adhering to Article 146 of the 1992 Constitution and Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), referred the petitions to the Chief Justice on November 25, 2025, for a determination of whether they disclosed a prima facie case that would necessitate further investigation.
The Chief Justice, by a letter dated January 26, 2026, informed the President that no prima facie case had been established by the petitions to justify further investigations for the removal of the Electoral Commissioner, the Deputy Commissioners, and the Special Prosecutor.
This outcome effectively concludes the petitions, as the absence of a prima facie case negates the constitutional requirements for forming a committee to investigate the allegations made in the petitions.
Article 146 of the 1992 Constitution outlines a rigorous procedure for the removal of the Chairperson and members of the Electoral Commission and Justices of the Superior Courts. When a petition is filed, the President must refer it to the Chief Justice, who determines whether it presents a prima facie case. Only when such a case is found does the Chief Justice advise the President to establish a committee to examine the issue.
Similarly, Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), mandates that any petition for the Special Prosecutor’s removal be first assessed by the Chief Justice to ascertain whether a prima facie case exists before any further actions are taken.
The statement highlighted that the President’s approach emphasized the Government’s dedication to due process, constitutionalism, and the rule of law, and that the Chief Justice’s decision brought clarity and finality to the situation.
Mrs Jean Mensa, Dr Bossman Eric Asare, and Mr Samuel Tettey were appointed to their roles at the Electoral Commission in 2018 and 2019, while Mr Kissi Agyebeng took office as Special Prosecutor in 2021, with their appointments intended to bolster democratic governance, electoral integrity, and anti-corruption efforts.