Accra: President John Dramani Mahama has forwarded seven petitions to the Chief Justice, seeking the removal of Mrs. Jean Mensa, the Chairperson of the Electoral Commission, along with her two Deputies, Dr. Bossman Eric Asare, Deputy in-charge of Corporate Affairs, and Mr. Samuel Tettey, Deputy in-charge of Operations. Additionally, three petitions have been sent to the Chief Justice for the removal of Mr. Kissi Agyebeng, the Special Prosecutor.
According to Ghana News Agency, Mr. Felix Kwakye Ofosu, the Presidential Spokesman and Minister in-charge of Government Communications, stated in an interview that the petitions, received by the Presidency, were forwarded to the Chief Justice in accordance with constitutional provisions. Mr. Ofosu emphasized that the President’s role is limited to forwarding the petitions, with the Chief Justice tasked to determine the grounds for proceeding with the process.
Mr. Ofosu also noted the importance of adhering to the principles of natural justice, ensuring that individuals are given the opportunity to be heard before any judgment is made. This process is in line with constitutional requirements outlined in various articles of the 1992 Constitution concerning the removal of public office holders.
Article 44(2) and 44(3) of the Constitution specify that the Chairperson and Deputies of the Electoral Commission must have terms similar to Justices of the Court of Appeal and High Court, respectively. Therefore, their removal must align with procedures for removing such justices. Article 146 outlines the necessary steps, including the Chief Justice’s role in establishing a prima facie case, setting up an investigative committee, and conducting proceedings in camera.
The committee, consisting of members appointed by the Judicial Council and advised by the Council of State, will investigate complaints and make recommendations to the Chief Justice, who will then forward them to the President. As per Article 146(9), the President is bound to act in accordance with the committee’s recommendations.