Mahama petitioned to remove Special Prosecutor, EC Boss

President John Dramani Mahama has received 10 petitions seeking the removal of top officials at the Electoral Commission and the Office of the Special Prosecutor.

The petitions, confirmed through checks by Graphic Online’s Emmanuel Ebo Hawkson, have been forwarded to Chief Justice Paul Baffoe-Bonnie for an initial constitutional assessment.

Seven of the petitions target EC Chairperson Jean Mensa and her two deputies, Dr Bossman Eric Asare, responsible for Corporate Services, and Samuel Tettey, responsible for Operations.

Three others call for the removal of Special Prosecutor Kissi Agyebeng.

Under Article 70(2) of the Constitution, the President appoints the EC Chairperson and deputies based on the advice of the Council of State. Their conditions of service are aligned with those of Justices of the superior courts, which means their removal processes follow the same constitutional provisions.

The EC Chairperson has the conditions of service of a Justice of the Court of Appeal, while the two deputies share those applicable to Justices of the High Court.

Article 146 outlines the circumstances under which such officeholders may be removed, limited to stated misbehaviour, incompetence, or an inability to perform their functions due to infirmity.

Once the President receives a petition, he must refer it to the Chief Justice, who determines whether a prima facie case exists. If such a case is established, a five-member committee, made up of three superior court justices or regional tribunal chairpersons and two non-lawyers appointed on the advice of the Council of State, is constituted to conduct a full investigation.

All proceedings under Article 146 are held in camera, and the affected officer has the right to be heard personally or through counsel.

The committee’s recommendations are submitted to the Chief Justice, who forwards them to the President. The Constitution requires the President to act strictly in accordance with those recommendations.

Removal procedures for the Special Prosecutor under Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959) follow a similar structure but operate within specific timelines.

Grounds for removal include misbehaviour, incompetence, incapacity, wilful violation of oaths, or conduct likely to bring the office into disrepute or harm the state’s security or economy.

Any petition for the SP’s removal must be referred by the President to the Chief Justice within seven days. The Chief Justice is required to determine within 30 days whether a prima facie case has been established.

If one exists, a committee similar to that used for constitutional officeholders must be set up within 14 days.

The committee has 90 days to complete its investigation and submit recommendations to the President through the Chief Justice. The President is bound to act in accordance with those recommendations.