10 petitions ask Mahama to remove SP Kissi Agyebeng, EC Chair Jean Mensa and her 2 deputies

President John Dramani Mahama has received 10 separate petitions seeking the removal of key officials heading two major state institutions — the Electoral Commission (EC) and the Office of the Special Prosecutor (OSP) — all appointed under Article 70 of the 1992 Constitution.

Graphic Online’s Emmanuel Ebo Hawkson reports that the petitions have been forwarded to the Chief Justice, Justice Paul Baffoe-Bonnie, for the constitutionally required preliminary 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, in charge of Operations. The remaining three petitions seek the removal of Special Prosecutor Kissi Agyebeng.

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Under Article 70(2), the President appoints the EC Chair and deputies on the advice of the Council of State. Their conditions of service mirror those of Superior Court Judges, and so do their removal procedures.

Per Article 146, such officials can only be removed for stated misbehaviour, incompetence, or incapacity. When a petition is filed, the President must refer it to the Chief Justice, who determines whether a prima facie case exists.

If established, a five-member committee — comprising three Superior Court Justices or Tribunal Chairpersons and two non-lawyers — is constituted to investigate the matter. Its findings and recommendations are then submitted to the Chief Justice and forwarded to the President, who is bound to act according to the committee’s conclusions.

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All proceedings are held in camera, and the affected official has the right to a defence.

Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), outlines similar grounds for removal of the Special Prosecutor, including:

• Stated misbehaviour or incompetence

• Infirmity of body or mind

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• Wilful violation of the Oath of Office or Oath of Secrecy

• Conduct likely to bring the OSP into disrepute or pose risks to national security or the economy

Any petition for removal must be submitted to the President, who must refer it to the Chief Justice within seven days. The Chief Justice then has 30 days to determine whether a prima facie case exists. If so, a committee is empanelled within 14 days to investigate and report within 90 days.

As with Article 146 procedures, the President must act strictly in accordance with the committee’s recommendations.