Africa-Press – Ghana. President John Dramani Mahama has forwarded to the Chief Justice, seven petitions calling for the removal of Mrs Jean Mensa, the Chairperson of the Electoral Commission.
The petitions are also calling for the removal of her two Deputies, Dr Bossman Eric Asare, the Deputy in-charge of Corporate Affairs, and Mr Samuel Tettey, the Deputy in-charge of Operations.
In addition, the President has also forwarded three other petitions to the Chief Justice, calling for the removal of Mr Kissi Agyebeng, the Special Prosecutor from office.
Mr Felix Kwakye Ofosu, the Presidential Spokesman and Minister in-charge of Government Communications, revealed these in an interview with the Ghana News Agency at the Presidency, explaining that the petitions were received at the Presidency, and that they had been forwarded to the Chief Justice in line with Constitutional Provisions.
“The President has absolutely no role beyond forwarding the petitions as received to the Chief Justice,” Mr Ofosu said.
“So, it is the Chief Justice who will determine the grounds on which the process has to be taken forward,” he stated.
The Minister said inherent in the law was the satisfaction of the principles of natural justice; “That is, you cannot condemn a person unless you have heard from them, and that is precisely what is going to happen.”
Constitutional requirements:
Article 44(2) of the 1992 Constitution states that “The Chairman of the Electoral Commission shall have the same terms and conditions of service as a Justice of the Court of Appeal.”
Article 44(3) also states that “The two Deputy Chairmen of the Commission shall have the same terms of and conditions of service as are applicable to a Justice of the High Court.”
As a result of the above provisions the removal process of the Chairperson of the Electoral Commission must be in conformity with that of a Justice of the Court of Appeal, whereas that of the Two Deputies must be in line with that of a Justice of the High Court.
Under Article 146 (1); A Justice of the Superior Court or a Chairman of a Regional Tribunal shall not be removed from office except for stated misbhaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of Body or Mind.
Article 146 (3) If the President receives a petition for the removal of a Justice of a Superior Court other than the Chief Justice or for the removal of the Chairman of a Regional Tribunal, he shall refer the petition to the Chief Justice, who shall determine whether there is a prima facie case.
Under Article 146 (4) it states that; Where the Chief Justice decides that there is a prima facie case, he shall set up a committee consisting of three Justices of the Superior Courts or Chairmen of the Regional Tribunals or both, appointed by the Judicial Council and two other persons who are not members of the Council of State, nor members of Parliament, nor lawyers, and who shall be appointed by the Chief Justice on the advice of the Council of State.
Article 146 (5) states that: The committee appointed under clause (4) of this article shall investigate the complaint and shall make its recommendations to the Chief Justice who shall forward them to the President.
Again, under Article 146 (8): All proceedings under this article shall be held in camera, and the Justice or Chairman against whom the petition is made is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice.
Article 146 (9) states that: The President shall, in each case, act in accordance with the recommendations of the committee.
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