Mahama Sends 10 Petitions to Chief Justice — EC Chair Jean Mensa, Deputies & SP Kissi Agyebeng Under Fire

Petitions seeking removal of EC leadership, Special Prosecutor forwarded to Chief Justice

Mahama Sends 10 Petitions to Chief Justice — EC Chair Jean Mensa, Deputies & SP Kissi Agyebeng Under Fire
President John Dramani Mahama (main picture) and EC chairperson, Jean Mensa & 2 Deputies up left corner and down left corner is SP Kissi Agyebeng

President John Dramani Mahama has formally forwarded to the acting Paul Baffoe‑Bonnie, Chief Justice of Ghana, a total of ten petitions demanding the removal of senior office-holders at two key state institutions: seven petitions against the leadership of the Electoral Commission of Ghana (EC) its Chair, Jean Adukwei Mensa, and her two deputies and three petitions seeking the removal of the head of the Office of the Special Prosecutor (OSP), Kissi Agyebeng. 

According to the referral notice, the petitions have been forwarded in line with constitutional procedures for instituting removal proceedings against holders of high public office. 

■ Constitutional basis and next steps

The EC leadership and the Special Prosecutor hold offices under conditions similar to those of Superior Court judges. Under the constitution, they can only be removed on grounds of “stated misbehaviour, incompetence or infirmity.” 

In this case, the Chief Justice will begin a prima facie assessment of the petitions to determine whether there is a sufficient basis to warrant a full investigation. 

If the threshold for a prima facie case is met, a five-member committee typically consisting of senior judges and non-lawyer citizens will be empanelled to examine the allegations in detail. Their findings will then be submitted back to the Chief Justice, who will forward them to the President for final decision. 

Implications for democratic institutions

The referral raises serious institutional and political questions. On one hand, it underscores the constitutional mechanisms designed to hold even the highest public office holders accountable. On the other hand, it threatens to rekindle bitter public debates and political tensions  especially given past controversies involving EC leadership. 

Observers argue the outcome will be a test of Ghana’s commitment to due process, transparency and the rule of law. A protracted or politically charged removal process could shake public confidence in both the EC and OSP, potentially destabilising trust in electoral and anti-corruption institutions.

Meanwhile, supporters of the petitions maintain the move is necessary to safeguard institutional integrity and accountability. The grounds cited reportedly include allegations of mismanagement, bias, procurement irregularities, and actions that may have undermined the credibility of recent electoral and prosecutorial processes.