Africa-Press – Ghana. 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.
A statement issued by Mr Felix Kwakye Ofosu, the Minister of State in charge of Government Communications and Presidential Spokesman, said the Chief Justice reached the determination after carefully examining seven petitions submitted by various individuals and groups against Mrs Jean Mensa, the EC Chairperson, and her two Deputies – Dr Bossman Eric Asare and Mr Samuel Tettey – as well as three petitions against Mr Kissi Agyebeng, the Special Prosecutor.
The statement said President John Dramani Mahama, in strict compliance with 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, to determine whether they disclosed a prima facie case to warrant further investigation.
“By a letter dated January 26, 2026, the Chief Justice informed His Excellency the President that no prima facie case has been established by the petitions to warrant any further investigations for the removal of the Electoral Commissioner, the Deputy Commissioners and the Special Prosecutor,” the statement said.
The finding effectively brings the petitions to a close, as the absence of a prima facie case means there is no constitutional basis for setting up a committee to probe the allegations contained in the petitions.
Under Article 146 of the 1992 Constitution, the removal of the Chairperson and members of the Electoral Commission, as well as Justices of the Superior Courts, follows a strict procedure. Where a petition is received, the President is required to refer it to the Chief Justice, who must first determine whether it discloses a prima facie case. Only where such a case is established does the Chief Justice advise the President to set up a committee to inquire into the matter.
Similarly, Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), provides that a petition for the removal of the Special Prosecutor must first be referred to the Chief Justice for a determination of whether a prima facie case has been made before any further steps can be taken.
The statement emphasised that the process adopted by the President underscored the Government’s commitment to due process, constitutionalism and the rule of law, adding that the decision of the Chief Justice brought clarity and finality to the matter.
Mrs Jean Mensa, Dr Bossman Eric Asare and Mr Samuel Tettey were appointed to the Electoral Commission in 2018 and 2019, respectively, while Mr Kissi Agyebeng assumed office as Special Prosecutor in 2021. Their appointments were aimed at strengthening democratic governance, electoral credibility and the fight against corruption.
