Mr. Kissi Agyabeng, the Special Prosecutor; the Electoral Commission Chair Jean Mensa; the two deputy ECs Samuel Tetteh and Dr. Bossman Asare are facing petitions for their removal from office.
According to a statement from the Office of the President, President John Dramani Mahama has received 10 petitions for the removal of the two heads of public institutions and two deputies appointed under Article 70 of the Constitution.
Also Read
Seven petitions were filed against the Chairperson of the EC, Jean Mensa, and her two deputies, Dr Bossman Eric Asare, who is in charge of Corporate, and Samuel Tettey, in charge of Operations.
Three other petitions are against the removal of the SP, Kissi Agyebeng.
Article 70(2) of the Constitution states that “The President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairmen and other members of the Electoral Commission.”
The Chairperson of the EC and the deputies have the same conditions of service as those of Justices of the superior courts — the Supreme Court, the Court of Appeal and the High Court — and so are their removal processes.
While the Chairperson of the EC has the same terms and conditions of service as a Justice of the Court of Appeal, the two Deputy Chairmen of the Commission have the same terms and conditions of service as are applicable to a Justice of the High Court.
The petitions have therefore been forwarded to the Chief Justice for action.
Jean Mensa and her two deputies appointment
On August 1, 2028, the then President Nana Addo Dankwa Akufo-Addo on sworn into office, Mrs Jean Adukwei Mensa as the new chairperson of Electoral Commission to take over from Mrs Charlotte Osei; Dr. Bossan Asare and Samuel Tettey who also took over from now late Amadu Sulley and Georgina Opoku Amankwaa as deputy chairs to the Electoral Commission.
Mrs. Charlotte Osei and her two deputies were removed from office by former President Akufo-Addo on Thursday, June 28, 2018 after the then Chief Justice Sophia Akufo’s Committee found them guilty of several offices hence recommended for their removal.
President Akufo-Addo following the removal nominated the four new persons and forwarded their names to the Council of State for advice in line with the 1992 Constitution.
Constitution on the appointment of EC Commissioners
Article 46 of the 1992 Constitution which talks about the qualification and appointment of Members of the Electoral Commission, states that “(1) A person is not qualified to be appointed a member of the Commission unless he is qualified to be elected as a member of Parliament.”
Previous calls for Jean Mensa’s removal
Before this petitions, several attempts were made during President Akufo-Addo’s era for the removal of the Electoral Commission Chairperson and her two deputies over several allegations including the infamous disenfranchising of the people of Sandrokofi, Akpafu, Likpe and Lolobi traditional area – SALL for not having a Member of Parliament for 4years (2020 to 2024)
