The Electoral Commissioner, Jean Adukwei Mensah and two deputies, Dr Eric Bossman Asare and Samuel Tettey, have escaped potential job losses as seven petitions seeking their dismissals have been rejected.
Three petitions that targeted the removal of the Special Prosecutor, Kissi Agyebeng, from office have also been dismissed.
A statement that emanated from Jubilee House on Wednesday, February 18, 2026, announced that the ten petitions that sought the removal of these public officers had no merit. Hence, the four individuals from the two institutions had no case to answer.
Signed by the Spokesperson to the President, Felix Kwakye Ofosu, who doubles as the Minister for Government Communications, the statement noted that the President received a letter from the Chief Justice who informed him that “no prima facie case had been established.”
As such, the petitions did not “warrant any further investigations for the removal of the Electoral Commissioner, Deputy Commissioners, and the Special Prosecutor.”
The Chief Justice, Paul Baffoe-Bonnie, received the referral from the President on November 25, 2025, to determine whether the petitions disclose a prima facie case.
He informed the president on January 26, 2026, that the seven petitions from various individuals and groups for the removal of Jean Mensah and her two deputies and the three for the removal of Kissi Agyebeng did not hold water.
The President acted in accordance with Article 146 of the 1992 Constitution and Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959).
THE LAW
The terms and conditions of service of the chairperson of the EC are the same as those of a justice of the Court of Appeal, according to Article 44 (2), and the deputies have the same as a justice of the High Court, as stipulated by Article 44 (3). Section 13(5) places the SP at the level of a justice of the Court of Appeal.
In the 1992 Constitution, Article 146 (3) says “If the President receives a petition for the removal of a Justice of a Superior Court other than the Chief Justice or for the removal of the Chairman of a Regional Tribunal, he shall refer the petition to the Chief Justice, who shall determine whether there is a prima facie case.”
Section 15 (3) mandates the President to refer a petition seeking the removal of the Special Prosecutor to the Chief Justice within seven days of the receipt and the CJ shall, within 30 days, determine whether there is a prima facie case.
The constitutional threshold given by Article 146(3) of the 1992 constitution as well as Section 15(3) of Act 959 was not met; thus, the process for the removal of these persons truncates and ends with the decision of the CJ that no prima facie case was established.
CAMPAIGN
The National Democratic Congress (NDC), during their campaign ahead of the 2024 general elections, promised to dismiss the EC Chair and her two deputies for alleged misconduct.
The party claimed that the EC was in bed with the then-ruling party, the New Patriotic Party and exhibiting bias against them.
The Special Prosecutor, on the other hand, has been criticised by a section of Ghanaians who believed he was underperforming.
Critics of the Special Prosecutor argued that the office had not produced results and pointed accusing fingers at the head.
Meanwhile, it is not readily known whether assigns of the NDC government would submit a fresh petition for the removal of the EC Chair and deputies, given that it was a campaign promise.
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