Accra, Feb. 18, 2026 – The Chief Justice, Paul Baffoe-Bonnie, has determined that no prima facie case has been established in petitions seeking the removal of the Chairperson of the Electoral Commission (EC), her Deputies, and the Special Prosecutor.
The decision follows a referral by President John Dramani Mahama, in accordance with Article 146 of the 1992 Constitution and Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959).
The President had received seven petitions against the EC Chairperson and her Deputies, as well as three petitions against the Special Prosecutor, and subsequently referred them to the Chief Justice on November 25, 2025, for a determination as to whether they disclosed a prima facie case warranting further investigation.
A statement issued by the Presidency Communications and signed by Felix Kwakye Ofosu, Spokesperson to the President and Minister for Government Communications, said the Chief Justice, by a letter dated January 26, 2026, informed the President that the petitions did not establish any prima facie case to justify further proceedings for the removal of the affected officials.
The statement explained that the determination effectively brings the petitions to a close, as no grounds have been established under the relevant constitutional and statutory provisions to trigger further investigative processes.
Under Article 146 of the Constitution, a petition for the removal of a Justice of the Superior Courts, the Chairperson of the Electoral Commission, or other constitutionally protected office holders must first be referred by the President to the Chief Justice to determine whether a prima facie case has been made.
Where a prima facie case is found, the Chief Justice is required to constitute a committee to investigate the allegations and make recommendations to the President. However, where no prima facie case is established, the process terminates at that stage and no further action is taken.
Similarly, Section 15 of Act 959 subjects petitions for the removal of the Special Prosecutor to the same constitutional threshold, requiring a preliminary determination by the Chief Justice before any investigative committee can be set up.
Legal analysts say the constitutional safeguard is designed to protect holders of independent constitutional offices from frivolous or unsubstantiated removal attempts, while ensuring accountability through due process.
GHBUSS
18TH FEB. 2026
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