The Presidency has announced that petitions seeking the removal of the Electoral Commissioner, her deputies, and the Special Prosecutor have failed to establish a prima facie case.
In a statement dated February 18, 2026, the Presidency confirmed that seven petitions had been submitted by various individuals and groups for the removal of the Chairperson of the Electoral Commission and her deputies. Also, three separate petitions were filed seeking the removal of the Special Prosecutor.
In line with Article 146 of the 1992 Constitution, which governs the removal of certain public officers, including the Chairperson of the Electoral Commission, President John Dramani Mahama referred the petitions to the Chief Justice for a determination as to whether they disclosed a prima facie case. The same constitutional and statutory procedure applies to the Special Prosecutor under Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959).
The referral was made on November 25, 2025, to the Chief Justice, Justice Paul Baffoe-Bonnie, for the required preliminary assessment.
By a letter dated January 26, 2026, the Chief Justice informed the President that the petitions did not establish a prima facie case to warrant any further investigations. In practical terms, this means the constitutional threshold necessary to trigger a formal removal process was not met.
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Under Ghana’s constitutional law, the removal of key independent office holders is not automatic upon the filing of a petition. The process begins with a petition to the President, who then refers it to the Chief Justice. The Chief Justice shall determine whether a prima facie case exists. Only where such a case is established does the President proceed to constitute a committee to investigate the allegations.
Notably, this is the same constitutional process that was invoked in the removal proceedings involving the immediate past Chief Justice, Gertrude Torkornoo. In that instance, a prima facie case was found, leading to the establishment of a committee and subsequent steps under Article 146. The former Chief Justice still has a case pending before the ECOWAS Court of Justice, where issues relating to the process and her removal are being challenged.
The present development brings to light both sides of the constitutional safeguard. Where sufficient grounds are disclosed, the process moves forward, as seen in the proceedings concerning the former Chief Justice. Where the threshold is not met, as in the case of the Electoral Commissioner and the Special Prosecutor, the matter ends at the preliminary stage.
The statement was signed by Felix Kwakye Ofosu, MP, Spokesperson to the President and Minister for Government Communications.
For now, the Electoral Commissioner, her deputies, and the Special Prosecutor remain in office, with the attempted removal process formally halted at the prima facie stage.
