Ghana Chief Justice Dismisses EC Chair, Special Prosecutor Petitions

Ghana's presidency has announced that Chief Justice Paul Baffoe-Bonnie has determined that petitions calling for the removal of the Chairperson of the Electoral Commission, her Deputy Commissioners, and the Special Prosecutor do not establish a prima facie case, bringing the matter to a formal close without further proceedings.

The announcement, dated Wednesday, February 18, 2026, was made through an official statement issued by Presidency Communications and signed by Felix Kwakye Ofosu, Member of Parliament and Spokesperson to President John Dramani Mahama, who also serves as Minister for Government Communications.

Background: What the Petitions Called For

According to the presidency's statement, a total of seven petitions were submitted by various individuals and groups seeking the removal of the Chairperson of the Electoral Commission and her Deputies. Additionally, three separate petitions were filed requesting the removal of the Special Prosecutor. The statement did not identify the petitioners or detail the specific grounds raised in the complaints.

How the Process Unfolded

Acting in accordance with Article 146 of Ghana's 1992 Constitution, the legal framework governing the removal of certain public officeholders, and Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), President Mahama referred all petitions to the Chief Justice on November 25, 2025. The referral was made for the purpose of determining whether the petitions disclosed a prima facie case, which is the threshold legal standard required before any formal investigation into the removal of such officials can proceed.

Chief Justice's Finding

By a letter dated January 26, 2026, Chief Justice Paul Baffoe-Bonnie communicated his finding to President Mahama, concluding that no prima facie case had been established by the petitions. As a result, the Chief Justice determined that the complaints did not warrant further investigations for the removal of the Electoral Commission Chairperson, the Deputy Commissioners, or the Special Prosecutor.

Significance of the Decision

The Chief Justice's finding is constitutionally significant. Under Ghana's legal framework, a prima facie determination by the Chief Justice is a prerequisite gateway for any removal process against the affected categories of public officeholders to advance. The absence of such a finding means the petitions lapse without triggering a committee of inquiry or any further formal proceedings. The Electoral Commission leadership and the Special Prosecutor therefore retain their positions, with the matter now formally resolved at the constitutional referral stage.

The presidency's public statement on the matter signals the administration's intent to handle the petitions transparently and in strict accordance with constitutional procedure.