Accra, Ghana – A confidential legal opinion from Ghana’s Chief Justice, detailing the precise reasons for dismissing 10 petitions seeking the removal of the Electoral Commission (EC) leadership and the Special Prosecutor, has been leaked to the public.
The document, dated February 20, 2026, outlines why Chief Justice Paul Baffoe-Bonnie concluded that the petitions against EC Chairperson Jean Mensa and her deputies failed to establish a prima facie case—the first legal hurdle required to trigger a formal investigation.
According to the leaked letter, addressed to one of the petitioners, the Chief Justice informed President John Mahama that the allegations, while serious, did not meet the constitutional threshold for "stated misbehaviour or incompetence."
In a key excerpt from his analysis, the Chief Justice stated: “The petition largely rests on conclusions of unlawfulness and bad faith without establishing, at a preliminary level, clear facts demonstrating intentional wrongdoing or a manifest inability to perform constitutional functions.”
He further clarified the legal distinction, noting that even if the Commission’s actions were considered “erroneous, controversial, or suboptimal, such shortcomings do not automatically translate into stated misbehaviour or incompetence within the constitutional sense.”
The Petitions and the Process
A total of seven petitions were submitted to the presidency seeking the removal of Mrs. Mensa and her deputies, alongside three petitions against Special Prosecutor Kissi Agyebeng. As mandated by the constitution, President Mahama forwarded all ten to the Chief Justice for an initial review.
The Chief Justice’s role, as defined under Article 146 for EC officials, is to determine if a prima facie case exists. If such a case were found, a high-level committee would be empaneled to conduct a full investigation.
In his ruling, Chief Justice Baffoe-Bonnie determined that the allegations represented “disputes over constitutional interpretation, administrative judgment, and institutional response” rather than the grave, personal, and culpable conduct required for removal proceedings.
Consequently, he concluded: “I find that no prima facie case has been established against the Chairperson and Deputy Chairpersons of the Electoral Commission.”
The presidency has since confirmed that all ten petitions were dismissed after the Chief Justice found no basis to proceed against any of the officials. The leaked letter provides the first detailed public insight into the judiciary’s reasoning behind clearing the EC boss and her deputies.
