President John Dramani Mahama has officially received ten separate petitions calling for the removal of top officials from two key constitutional bodies — the Electoral Commission (EC) and the Office of the Special Prosecutor (OSP).
According to reliable sources, seven of the petitions are directed at the Chairperson of the Electoral Commission, Mrs. Jean Mensa, and her two deputies: Dr. Bossman Eric Asare (in charge of Corporate Services) and Mr. Samuel Tettey (in charge of Operations). The remaining three petitions seek the dismissal of the Special Prosecutor, Mr. Kissi Agyebeng.
Legal Framework for Removal
The appointments of these public officers were made under Article 70(2) of the 1992 Constitution, which mandates the President to appoint key officials in consultation with the Council of State.
The Chairperson and Deputy Chairpersons of the EC enjoy the same terms and conditions of service as Justices of the Superior Courts — with the Chairperson’s role equated to a Justice of the Court of Appeal and the Deputies to Justices of the High Court. This means that any removal process must follow Article 146, the same constitutional procedure used for removing Superior Court judges.
The petitions have been referred to the Chief Justice, His Lordship Justice Paul Baffoe-Bonnie, who is tasked with determining whether there is a prima facie case for each petition. If a prima facie case is established, the Chief Justice is constitutionally required to form a five-member committee to investigate the matter.
This committee would include three Justices of the Superior Courts or Chairpersons of the Regional Tribunals, and two non-lawyers who are not Members of Parliament or members of the Council of State, selected on the advice of the Council of State.
This development signals increasing public scrutiny of high-ranking public officers and raises important constitutional questions regarding accountability and institutional independence. The outcome of the Chief Justice’s assessment and any subsequent investigations will be closely watched by legal experts, civil society, and political observers.
