The Presidency has announced that no prima facie case has been established against the Chairperson and Deputy Commissioners of Ghana’s Electoral Commission following a petition seeking their removal from office.
This was contained in a letter dated February 17, 2026, issued by the Office of the President and signed by the Secretary to the President at Jubilee House, Accra.
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According to the communication, the petition originally submitted on April 22, 2025 was processed in accordance with Article 146(3) of the 1992 Constitution, which outlines the procedure for considering allegations against heads of independent constitutional bodies.
The President subsequently referred the petition to the Chief Justice, Justice Paul Baffoe-Bonnie, on November 25, 2025, to determine whether the claims disclosed a prima facie case warranting further inquiry.
However, in a response dated January 26, 2026, the Chief Justice informed the President that the petition did not meet the constitutional threshold required to trigger an investigative process.
The Chief Justice explained that although the allegations raised “serious constitutional and administrative questions,” they failed to establish clear facts demonstrating stated misbehaviour, intentional wrongdoing, or an inability to perform constitutional functions.
The determination further noted that even if certain actions or inactions of the Commission were considered erroneous, controversial, or suboptimal, such shortcomings do not automatically amount to misconduct or incompetence within the meaning of the Constitution.
Petition Fails at Preliminary Stage
The letter concluded that the issues raised by the petitioner largely concerned disputes over constitutional interpretation, administrative judgment, and institutional responses rather than conduct grave enough to justify removal proceedings.
“Under Article 146(3), therefore, there is no basis to activate the constitutional machinery for a full inquiry, and the petition fails at the prima facie stage,” the communication stated.
Accordingly, the Presidency indicated that no further action would be taken in respect of the petition, as the constitutional requirements for initiating removal proceedings had not been satisfied.
The decision effectively brings closure to the matter unless new evidence or processes are initiated under the constitutional framework governing such petitions.
