President John Dramani Mahama has received 10 petitions requesting the expulsion of two heads of public institutions and two deputies appointed under Article 70 of the Constitution.
The petitions involve the Electoral Commission (EC) and the Office of the Special Prosecutor (SP).
Seven petitions target the EC Chairperson, Jean Mensa, and her two deputies: Dr. Bossman Eric Asare, who handles Corporate Services, and Samuel Tettey, in charge of Operations.
Special Prosecutor Kissi Agyebeng is to be removed, according to the final three petitions.
According to checks, the petitions have been sent to Justice Paul Baffoe-Bonnie, the Chief Justice.
“The President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairmen and other members of the Electoral Commission,” according to Article 70(2) of the Constitution.
The EC’s chairperson and deputies are subject to the same terms of service and dismissal procedures as justices of the Supreme Court, Court of Appeal, and High Court.
The tenure of the two Deputy Chairmen are similar to those of High Court Justices, whereas the Chairperson’s terms are comparable to that of a Court of Appeal Justice.
Article 146 of the 1992 Constitution provides that a Justice of the Superior Court or Chairman of a Regional Tribunal: “shall not be removed from office except for stated misbehaviour or incompetence or on the ground of inability to perform the functions of his office arising from infirmity of body or mind.”
The second clause indicates that removal must follow the method established in Article 146(3).
“If the President receives a petition for the removal of a Justice of a Superior Court other than the Chief Justice or for the removal of the Chairman of a Regional Tribunal, he shall refer the petition to the Chief Justice, who shall determine whether there is a prima facie case.
“Where the Chief Justice decides that there is a prima facie case, he shall set up a committee consisting of three Justices of the Superior Courts or Chairmen of the Regional Tribunals or both, appointed by the Judicial Council and two other persons who are not members of the Council of State, nor members of Parliament, nor lawyers, and who shall be appointed by the Chief Justice on the advice of the Council of State.”
According to the article, the committee will investigate into the complaint and submit suggestions to the Chief Justice, who would then forward them to the President.
Clause 9 also states that “the President shall, in each case, act in accordance with the recommendations of the committee.”
All procedures under Article 146 are handled in camera, and the Justice or Chairman involved is entitled to defend themselves, either directly or through a lawyer or expert of their discretion.
Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959) governs the removal of the SP.
According to the Act, the SP “shall not be removed from office except for (a) stated misbehaviour or incompetence; (b) incapacity to perform the functions of the Office by reason of infirmity of body or mind; (c) wilful violation of the Official Oath or Oath of Secrecy; (d) conduct which (i) brings or is likely to bring the Office of the Special Prosecutor into disrepute, ridicule or contempt; or (ii) is prejudicial or inimical to the economy or security of the State.”
To start removal, a petition must be submitted to the president, who, within seven days, recommends it to the Chief Justice. After that, the Chief Justice decides whether there is a prima facie case within 30 days.
If a case is found, the Chief Justice sets up a committee within 14 days – similar to the process for constitutional body heads. Within ninety days, the committee must conduct an investigation and provide recommendations to the President through the Chief Justice.
The President is constitutionally bound to act in accordance with the committee’s recommendations.
Source: newsthemegh.com