A leaked letter has detailed the reasons given by Chief Justice Paul Baffoe-Bonnie in determining that there was no prima facie case in the 10 petitions transferred to him from the presidency for the removal of the leadership of the Electoral Commission of Ghana (EC) and the Special Prosecutor.
The said letter was addressed to one of the petitioners who was seeking the removal of the Chairperson of the EC, Jean Mensa, and her deputies.
In the letter, the petitioner was informed that the Chief Justice had informed President Mahama that “no prima facie case had been established by the petition to warrant any further investigation.”
A quote from the letter Justice Baffoe-Bonnie wrote to President Mahama indicated that even though the allegations of the petitioner are serious, they do not meet the required threshold needed to trigger further investigation into the matter.
“While the allegations raise serious constitutional and administrative questions, they do not, on their face, meet the threshold required for a prima facie determination of stated misbehaviour or incompetence warranting that a committee be set up to inquire into the petition.
“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. Even if the Commission’s actions or inactions are assumed to be erroneous, controversial, or suboptimal, such shortcomings do not automatically translate into stated misbehaviour or incompetence within the constitutional sense,” the Chief Justice is quoted to have said in the letter to the petitioner.
The Chief Justice also indicated that the allegations against Jean Mensa and her deputies were not grave enough to merit their removal.
“The allegations disclose disputes over constitutional interpretation, administrative judgment, and institutional response to complex transitional arrangements, rather than conduct so grave, personal, and culpable as to justify a prima facie determination for 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.
“Accordingly, I find that no prima facie case has been established against the Chairperson and Deputy Chairpersons of the Electoral Commission by the petitioner,” the Chief Justice said.
A total of seven petitions were submitted to President John Mahama for the removal of EC Chairperson Jean Mensa and her deputies, and three petitions for the removal of Special Prosecutor Kissi Agyebeng, which were forwarded to the Chief Justice.
The Chief Justice stated that he was not able to determine a prima facie case in any of the 10 petitions.
Under the Constitution, the Chairperson of the EC and her deputies have the same conditions of service as justices of the superior courts, and their removal is guided by Article 146.
A Justice of the Superior Court or a Chairman of a Regional Tribunal can only be removed for stated misbehaviour, incompetence, or inability due to infirmity of body or mind, according to the Constitution.
The procedure requires that the President refer any petition to the Chief Justice, who determines whether a prima facie case exists.
If a prima facie case is established, a committee comprising three justices or chairmen of regional tribunals and two other independent persons investigates the complaint.
The committee’s findings are submitted to the Chief Justice, who forwards recommendations to the President, who is constitutionally obliged to act accordingly.
Proceedings are held in camera, and the officials involved are entitled to defend themselves.
The removal of the Special Prosecutor is governed by Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959).
The grounds for removal include misbehaviour, incompetence, incapacity, wilful violation of the oath, or conduct that could bring the office into disrepute or harm the state’s security or economy.
Petitions must be referred to the Chief Justice within seven days, after which the CJ has 30 days to determine a prima facie case. If one exists, a committee is established to investigate within 90 days and submit recommendations to the President.
Read the letter below:
Source: Ghanaweb
