Jean Mensa And Kissi Agyabeng Under Pressure: 10 Petitions Filed for Removal of EC, OSP Bosses
- Reports indicate that there are 10 petitions calling on the president to sack the head of the Electoral Commission and the Special Prosecutor
- Article 146 of the 1992 Constitution outlines the procedure for removing heads of independent constitutional bodies
- President John Mahama is reported to have forwarded the petitions to the Chief Justice
President John Mahama has received 10 petitions for the removal of Special Prosecutor Kissi Agyabeng and Electoral Commission Chairperson Jean Mensa.
Graphic Online reported that seven petitions were filed against Mensa, and her two deputies, Dr Bossman Eric Asare, who is in charge of Corporate, and Samuel Tettey, in charge of Operations.
Source: Facebook
The various petitions have been forwarded to the Chief Justice, Justice Paul Baffoe-Bonnie.
The Chairperson of the Electoral Commission and the deputies have the same conditions of service as those of Justices of the superior courts and have the same removal processes.
While the Chairperson of the Electoral Commission has the same terms and conditions of service as a Justice of the Court of Appeal, the two Deputy Commissioners have the same terms and conditions of service which apply to a Justice of the High Court.
Guidelines for removing the Electoral Commission chair
The foundation of triggering Article 146 is linked to Article 44 (2), which says the Chairman of the Electoral Commission shall have the same terms and conditions of service as a Justice of the Court of Appeal.
Per the dictates of clause 3 of Article 146 of the national constitution, the president, after receiving the petition, can only forward it to the Chief Justice for the determination of a prima facie case.
Clauses four and five say that where the Chief Justice decides that there is a prima facie case, he shall set up a committee, and the committee shall investigate the complaint and shall make recommendations to the Chief Justice, who shall forward it to the President.
Article 146 deals with the removal of justices of superior courts and chairmen of regional tribunals.
Guidelines for removing the Special Prosecutor
Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959) deals with the removal of the Special Prosecutor, with timelines.
Similar to that of the Electoral Commission, the special prosecutor “shall not be removed from office except for (a) stated misbehaviour or incompetence; (b) incapacity to perform the functions of the Office by reason of infirmity of body or mind; (c) wilful violation of the Official Oath or Oath of Secrecy; (d) conduct which (i) brings or is likely to bring the Office of the Special Prosecutor into disrepute, ridicule or contempt; or(ii) is prejudicial or inimical to the economy or security of the State.
A person who seeks to remove the special prosecutor from office must submit a petition to the President, who must, within seven days, refer the petition to the Chief Justice, who shall, within 30 days, determine whether there is a substantive case.
Where there is substantial evidence, the Chief Justice shall, within 14 days, set up a committee similar to that of the removal of any of the heads of constitutional bodies appointed by the president.
The committee is duty-bound to investigate the matter within 90 days and make its recommendation to the President through the Chief Justice.
Who are the petitions against Jean Mensa from?
Only one petitioner against Mensa is currently known.
The petition from one Joseph Blankson Adumadzie cites alleged misconduct on her part that threatens the credibility of Ghana’s electoral system.
Adumadzie is a staff member of the commission and is currently on interdiction.
He petitioned in line with Article 146 of the 1992 Constitution, which outlines the procedure for removing heads of independent constitutional bodies.
Source: Facebook
He has 12 grounds of alleged misconduct against Mensa and her deputies. These include cronyism, abuse of office, and gross incompetence.
He argued that their actions have undermined public confidence in the Commission and pose a threat to Ghana’s electoral credibility.
Jean Mensa to follow after Charlotte Osei?
YEN.com.gh reported that Mensa became the Electoral Commission chairperson after Charlotte Osei was removed under controversial circumstances.
Osei was removed from office on June 28, 2018, following recommendations by a special committee investigating claims of corruption after a petition.
She was sacked along with her two deputies, Amadu Sulley and Georgina Opoku Amankwa, over alleged incompetence and misappropriation of funds.
Proofreading by Samuel Gitonga, copy editor at YEN.com.gh.
Source: YEN.com.gh
