Ten petitions. Four powerful officials. One constitutional test. Ghana's political landscape is bracing for a storm as President John Dramani Mahama faces ten separate petitions calling for the removal of key figures holding some of the nation’s most influential offices. But here's where it gets contentious — the officials in question are not just any appointees; they include the Chairperson and two Deputies of the Electoral Commission (EC), as well as the Special Prosecutor (SP).
According to a viral post by CDR Africa on X (formerly Twitter) dated December 1, 2025, seven of these petitions target EC Chairperson Jean Mensa, along with her deputies, Dr. Eric Asare Bossman — who oversees Corporate Affairs — and Samuel Tettey, head of Operations. The remaining three petitions are directed at Special Prosecutor Kissi Agyebeng, adding yet another layer of drama to Ghana’s already heated public debate about accountability and political neutrality.
The post further claims that all these petitions have been formally referred to Chief Justice Paul Baffoe-Bonnie for initial consideration, marking the beginning of a rigorous constitutional process. Under Article 70 of Ghana’s 1992 Constitution, these roles fall under the same provisions that govern superior court justices. This means their removal is no simple matter — it must follow the strict procedures laid out in Article 146.
The Constitutional Process Explained
The law stipulates that an EC Chairperson or Deputy can only be removed for clearly defined reasons — misconduct, incompetence, or physical or mental incapacity. Once a petition is submitted, the President must refer it to the Chief Justice, who determines within 30 days whether there is a prima facie case. If such a case exists, a five-member committee is formed: three Justices or Regional Tribunal Chairmen and two independent citizens.
This committee conducts a closed-door inquiry, providing the accused officials a fair opportunity to present their defense. After completing its investigation, it submits its findings to the Chief Justice, who then forwards recommendations to the President. Importantly, the President is constitutionally required to act in accordance with those recommendations — making the process both impartial and binding.
What About the Special Prosecutor?
The removal of the Special Prosecutor is handled differently. Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), outlines specific grounds for dismissal — including willful misconduct, proven incompetence, incapacity, or actions that compromise the integrity of the office or the nation’s security and economy. Essentially, it’s designed to protect the independence of the Special Prosecutor while ensuring accountability when necessary.
The Bigger Picture: Democracy Under Scrutiny
These petitions arrive at a moment when public confidence in Ghana’s democratic institutions is being closely examined. On one hand, the petitions highlight the nation’s constitutional safeguards against abuse of power. On the other hand, critics argue that such frequent challenges risk undermining the stability and independence of these key offices.
Opposition spokesperson Felix Kwakye Ofosu has stated that the Presidency has not yet formally received any petition regarding the EC Chair’s removal, but if confirmed, the law requires forwarding any received petition to the Chief Justice within seven days. The CJ then has 30 days to assess it, and if necessary, a 90-day investigative process follows — a timeline designed to balance speed with fairness.
But here’s the part most people miss: While the Constitution sets a clear procedural framework, its application can often become deeply political. Should public officials in oversight institutions be protected from political pressure at all costs, or should citizens be empowered to challenge their conduct more freely?
What do you think — do these petitions represent healthy democratic accountability, or are they politically motivated attempts to influence independent institutions? Share your thoughts and let the debate begin.
