President John Dramani Mahama has received ten separate petitions calling for the dismissal of key public officials appointed under Article 70 of the 1992 Constitution.
The petitions target two major institutions — the Electoral Commission (EC) and the Office of the Special Prosecutor (SP).
- Electoral Commission: Seven petitions have been lodged against EC Chairperson Jean Mensa and her two deputies — Dr. Bossman Eric Asare, responsible for Corporate Services, and Samuel Tettey, in charge of Operations.
- Special Prosecutor: Three petitions demand the removal of Special Prosecutor Kissi Agyebeng.
All petitions have been forwarded to the Chief Justice, Justice Paul Baffoe-Bonnie, for consideration.
Constitutional Provisions
Article 70(2) of the Constitution empowers the President, acting on the advice of the Council of State, to appoint the EC Chairperson, Deputy Chairpersons, and other members of the Commission.
The EC Chairperson and deputies enjoy conditions of service equivalent to Justices of the Superior Courts — namely the Supreme Court, Court of Appeal, and High Court — and their removal follows the same constitutional procedures.
- The EC Chairperson’s terms align with those of a Justice of the Court of Appeal.
- The two deputies’ terms correspond to those of Justices of the High Court.
Under Article 146, Justices of the Superior Courts or Chairpersons of Regional Tribunals can only be removed for stated misconduct, incompetence, or incapacity due to physical or mental infirmity.
If the President receives a petition for removal, it must be referred to the Chief Justice, who determines whether a prima facie case exists. Should such a case be established, a committee is formed — comprising three Superior Court Justices or Tribunal Chairpersons, plus two independent members appointed on the advice of the Council of State.
This committee investigates the matter and submits its findings to the Chief Justice, who then forwards recommendations to the President. Proceedings are held in camera, and the official concerned has the right to defend themselves personally or through legal representation. The President is constitutionally bound to act in line with the committee’s recommendations.
Removal of the Special Prosecutor
Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), outlines the removal process for the SP. Similar to the EC, the SP cannot be dismissed except for:
- Misconduct or incompetence
- Incapacity due to infirmity of body or mind
- Breach of the Official Oath or Oath of Secrecy
- Conduct that tarnishes the reputation of the office or undermines the economy or security of the state
A petition for removal must be submitted to the President, who is required within seven days to refer it to the Chief Justice. The Chief Justice then has 30 days to determine whether a prima facie case exists.
If established, a committee is constituted within 14 days to investigate the matter. The committee must complete its work within 90 days and present its recommendations to the President through the Chief Justice. The President is obliged to act in accordance with the committee’s findings.
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