No Prima Facie Case to Remove EC Chair, Deputies or Special Prosecutor – Chief Justice

Chief Justice Paul Baffoe-Bonnie has ruled that there is no prima facie case to justify further action on petitions seeking the removal of Electoral Commission leadership and the Special Prosecutor.

According to a statement from the Presidency on Wednesday, February 18, 2026, President John Dramani Mahama referred seven petitions targeting Electoral Commission Chairperson Jean Mensa and her deputies, along with three separate petitions seeking the removal of Special Prosecutor Kissi Agyebeng.

Constitutional review process

The referrals were made on November 25, 2025, in accordance with:

Article 146 of the 1992 Constitution, governing removal of heads of independent constitutional bodies

Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959)

The Chief Justice was tasked with determining whether the petitions established a prima facie case to warrant further investigations.

Determination and outcome

In a letter dated January 26, 2026, the Chief Justice informed the President that the petitions did not disclose sufficient grounds to proceed with removal processes.

The statement, signed by Felix Kwakye Ofosu, Spokeperson to the President and Minister for Government Communications, said the determination effectively closes the matter at this stage.

Implications

The decision means:

• No investigative committees will be constituted
• The Electoral Commission leadership remains in office
• The Special Prosecutor continues in his role
• The petitions are dismissed at the preliminary stage

The ruling brings temporary closure to the matter while reaffirming the constitutional safeguards governing removal of independent officeholders in Ghana.