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Home»Legal»No prima facie case found in petition to remove Electoral Commission leadership
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No prima facie case found in petition to remove Electoral Commission leadership

By newsfileghFebruary 19, 20262 Mins Read
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The Office of the President has confirmed that no prima facie case has been established in the petition seeking the removal of the Chairperson and Deputy Commissioners of the Electoral Commission. The determination follows a formal review by the Chief Justice, His Lordship Justice Paul Baffoe-Bonnie, after the petition was referred by President John Dramani Mahama.

The petition, originally submitted on 22nd April 2025, alleged misbehaviour and incompetence on the part of the Chairperson and her deputies. In accordance with Article 146(3) of the 1992 Constitution, President Mahama forwarded the petition to the Chief Justice on 25th November 2025 to assess whether the claims warranted further investigation.

By letter dated 26th January 2026, the Chief Justice informed the President that the petition did not meet the constitutional threshold required for initiating formal removal proceedings. “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 letter stated.

The Chief Justice’s assessment noted that the petition largely relied on conclusions of alleged unlawfulness or bad faith without providing clear facts of intentional wrongdoing or manifest inability to perform constitutional functions. Even if some actions of the Commission were deemed controversial or suboptimal, such shortcomings do not constitute misbehaviour under the Constitution.

The ruling emphasised that the allegations reflected disputes over administrative judgment, constitutional interpretation, and institutional responses to transitional arrangements, rather than conduct serious enough to trigger removal procedures.

As a result, the constitutional process for a full inquiry will not be activated, and no further action is required regarding the petition.

President Mahama’s spokesperson, Felix Kwakye Ofosu, MP, stated that the determination reinforces the constitutional safeguards surrounding the independence and functions of the Electoral Commission while ensuring accountability. The public is urged to respect the decision and avoid speculation that may undermine public confidence in the electoral body.

This outcome closes the matter at the preliminary stage, confirming that the leadership of the Electoral Commission will continue in office.

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