The Minister in Charge of Government Communications, Felix Kwakye Ofosu, has announced that ten petitions seeking the removal of the Special Prosecutor, Kissi Agyebeng, and the Chairperson of the Electoral Commission (EC), Jean Mensa, together with her two deputies, have been formally transmitted to the Chief Justice for consideration.
Speaking to journalists at the Government Accountability Series in Accra on Wednesday, Mr Kwakye Ofosu said President John Dramani Mahama had discharged his constitutional responsibility by forwarding the petitions to the Chief Justice, Justice Paul Baffoe-Bonnie.
According to him, the President has no further role in the process unless required to act after the Chief Justice’s review.
“Unlike petitions against the Chief Justice, the President’s mandate regarding petitions against the Special Prosecutor and the Electoral Commissioner and her two deputies ends with conveying them to the appropriate authority—in this case, the Chief Justice. That was done a couple of weeks ago,” he stated.
Mr Kwakye Ofosu explained that out of the ten petitions, seven are directed at the EC Chairperson and her two deputies, while three target the Special Prosecutor.
“The President has no role beyond that. The Chief Justice’s office may be in a better position to comment. The President will be called upon to act only after the Chief Justice has determined whether a prima facie case exists,” he added.
The petitions, filed by individuals and civil society groups, accuse the EC Chair and her deputies of alleged accountability and administrative lapses. The complaints against the Special Prosecutor, on the other hand, cite alleged incompetence and abuse of office.
Under Section 16 of the Office of the Special Prosecutor Act, 2017 (Act 959), any petition seeking the removal of a Special Prosecutor must be forwarded by the President to the Chief Justice within seven days.
The Chief Justice is then required to determine within 30 days whether a prima facie case has been established. If so, a three-member committee is constituted to investigate the petitions and submit its findings and recommendations to the President.
The Chief Justice’s determination will therefore be crucial in deciding whether the petitions proceed to a full inquiry or are dismissed at the preliminary stage.
