President John Dramani Mahama has received 10 petitions seeking the removal of two heads of public institutions and two deputies appointed under Article 70 of the Constitution.
The petitions concern the Electoral Commission (EC) and the Office of the Special Prosecutor (SP).
Seven petitions target the EC Chairperson, Jean Mensa, and her two deputies: Dr Bossman Eric Asare, who oversees Corporate Services, and Samuel Tettey, in charge of Operations. The remaining three petitions call for the removal of Special Prosecutor Kissi Agyebeng.
Checks by Graphic Online’s Emmanuel Ebo Hawkson reveal that the petitions have been forwarded to the Chief Justice, Justice Paul Baffoe-Bonnie.
Article 70(2) of the Constitution states that: “The President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairmen and other members of the Electoral Commission.”
The Chairperson and deputies of the EC have the same conditions of service as Justices of the superior courts — the Supreme Court, Court of Appeal, and High Court — and their removal follows the same processes. While the Chairperson’s terms are equivalent to those of a Court of Appeal Justice, the two Deputy Chairmen’s conditions mirror those of High Court Justices.
Removal of EC Chair
Article 146 of the 1992 Constitution provides that a Justice of the Superior Court or Chairman of a Regional Tribunal:
“…shall not be removed from office except for stated misbehaviour or incompetence or on the ground of inability to perform the functions of his office arising from infirmity of body or mind.”
The second clause states that removal must follow the procedure specified in 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.
“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.”
The article further provides that the committee shall investigate the complaint and make recommendations to the Chief Justice, who then forwards them to the President.
“The President shall, in each case, act in accordance with the recommendations of the committee,” Clause 9 adds.
All proceedings under Article 146 are held in camera, and the Justice or Chairman involved is entitled to defend themselves, either personally or through a lawyer or expert of their choice.
Special Prosecutor
The removal of the SP is governed by Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959). The Act outlines that the SP:
“…shall not be removed from office except for (a) stated misbehaviour or incompetence; (b) incapacity to perform the functions of the Office by reason of infirmity of body or mind; (c) wilful violation of the Official Oath or Oath of Secrecy; (d) conduct which (i) brings or is likely to bring the Office of the Special Prosecutor into disrepute, ridicule or contempt; or (ii) is prejudicial or inimical to the economy or security of the State.”
To initiate removal, a petition must be submitted to the President, who within seven days refers it to the Chief Justice. The Chief Justice then determines within 30 days whether a prima facie case exists.
If a case is found, the Chief Justice sets up a committee within 14 days — similar to the process for constitutional body heads. The committee must investigate the matter within 90 days and submit recommendations to the President via the Chief Justice.
The President is constitutionally required to act in accordance with the committee’s recommendations.
