Chief Justice clears EC Chair, Deputies, Special Prosecutor of removal petitions - GHBUSINESSONLINE

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Thursday, 19 February 2026

Chief Justice clears EC Chair, Deputies, Special Prosecutor of removal petitions


Accra, Feb 18, – Chief Justice Paul Baffoe-Bonnie has dismissed seven petitions seeking removal of Electoral Commission (EC) Chairperson Mrs Jean Mensa, her deputies Dr Bossman Eric Asare and Mr Samuel Tettey, plus three against Special Prosecutor Mr Kissi Agyebeng, finding no prima facie case established.

Felix Kwakye Ofosu, Minister of State for Government Communications and Presidential Spokesman, announced the Chief Justice's January 26, 2026 determination following President John Dramani Mahama's referral on November 25, 2025, per Article 146 of the 1992 Constitution and Section 15, Office of the Special Prosecutor Act 2017 (Act 959).

The ruling terminates the petitions outright, as no prima facie case triggers formation of an investigative committee. Petitions alleged misconduct but failed constitutional thresholds for further probe.

Constitutional Safeguards Upheld
Under Article 146, presidents must refer removal petitions against EC leaders to the Chief Justice for prima facie review before committee appointment. Act 959 mirrors this for the Special Prosecutor. The process validates Ghana's removal protocols for independent officeholders.

President Mahama's compliance demonstrates government's adherence to due process, constitutionalism, and rule of law, Kwakye Ofosu emphasised.

Appointment Context
Jean Mensa: EC Chair since 2018

Bossman Eric Asare, Samuel Tettey: Deputies since 2018-2019

Kissi Agyebeng: Special Prosecutor since 2021

Their tenures aimed to bolster electoral integrity and anti-corruption efforts amid Ghana's democratic consolidation.

The decision brings finality and clarity, shielding independent institutions from politically motivated removal attempts while upholding accountability mechanisms.

GHBUSS
18 February 2026

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