Petitions Against Jean Mensa Failed to Meet Constitutional Threshold

A leaked letter has shed light on the reasons behind Chief Justice Paul Baffoe-Bonnie’s decision that no prima facie case existed in 10 petitions seeking the removal of the leadership of the Electoral Commission of Ghana (EC) and the Office of the Special Prosecutor.

The letter, addressed to one of the petitioners calling for the removal of EC Chairperson Jean Mensa and her deputies, explained that the Chief Justice had informed President John Dramani Mahama that the petition did not establish grounds sufficient to warrant further inquiry.

According to excerpts from the letter, while the allegations raised serious constitutional and administrative concerns, they failed to meet the constitutional threshold required to trigger a formal investigation for stated misbehaviour or incompetence. The Chief Justice reportedly stated that the petition relied largely on assertions of unlawfulness and bad faith without presenting clear preliminary evidence of intentional wrongdoing or a clear inability to perform constitutional duties.

He further indicated that even if the Commission’s actions were considered flawed or controversial, such issues do not automatically amount to misconduct or incompetence in the constitutional sense. The allegations, he said, reflected disagreements over constitutional interpretation and administrative decisions rather than conduct grave enough to justify removal proceedings under Article 146(3) of the Constitution.

Consequently, he concluded that there was no basis to activate the constitutional process for a full inquiry and dismissed the petition at the prima facie stage.

In total, seven petitions were submitted to the President seeking the removal of the EC Chair and her deputies, while three targeted Special Prosecutor Kissi Agyebeng. All 10 were forwarded to the Chief Justice, who determined that none met the required threshold.

Under Ghana’s Constitution, the EC Chairperson and deputies enjoy the same conditions of service as justices of the superior courts, and their removal is governed by Article 146. A judge or tribunal chairperson may only be removed for stated misbehaviour, incompetence, or inability due to infirmity of body or mind.

The procedure requires the President to refer petitions to the Chief Justice for a prima facie determination. If such a case is established, a five-member committee is formed to investigate and submit recommendations, which the President is constitutionally bound to act upon. Proceedings are conducted in camera, and the affected officials are given the opportunity to defend themselves.

The removal of the Special Prosecutor is governed separately under Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), which outlines grounds including misbehaviour, incompetence, incapacity, wilful violation of oath, or conduct that could undermine the office or national interests.

The development comes amid broader public debate, including a separate petition reportedly submitted by some EC staff to the President seeking the removal of the Commission’s leadership.

SOUCE:GHANAWEB