In a major legal resolution, Chief Justice Paul Baffoe-Bonnie has determined that there is no prima facie case to support the removal of the leadership of the
Electoral Commission (EC) and the Special Prosecutor.
The ruling, announced on Tuesday, February 17, 2026, follows a two-month constitutional inquiry into ten separate petitions filed against the officials. This decision effectively ends the push to unseat Mrs. Jean Mensa, the EC Chairperson, and Mr. Kissi Agyebeng, the Special Prosecutor, clearing them of allegations that would have otherwise triggered a formal investigative committee.
The Petitions and the Constitutional Process
The petitions were originally submitted to President John Dramani Mahama in late 2025. In accordance with his constitutional obligations, the President referred them to the Chief Justice on November 25, 2025.
Scope of the Inquiry:
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Electoral Commission (7 Petitions): Targeted Chairperson Mrs. Jean Mensa and her two deputies, Dr. Bossman Eric Asare and Mr. Samuel Tettey.
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Office of the Special Prosecutor (3 Petitions): Targeted Mr. Kissi Agyebeng, regarding his conduct and administration of the anti-corruption agency.
The Legal Threshold: Prima Facie
Under Article 146 of the 1992 Constitution and Act 959, the Chief Justice acts as a constitutional gatekeeper. His role is to determine if a "first impression" case exists—one that is "sufficient to establish a fact or raise a presumption unless disproved or rebutted."
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The Ruling: The Chief Justice found the allegations lacked the necessary legal weight or evidence to move to the next stage of an inquiry committee.
Political and Legal Stability
The Minister of State in charge of Government Communications, Mr. Felix Kwakye Ofosu, emphasized that this outcome reinforces the independence of state institutions.
The government noted that while the right to petition is a cornerstone of democracy, the Chief Justice's findings bring "clarity and finality," allowing these institutions to focus on their mandates—specifically the upcoming 2026 local and district assembly elections.
The Bottom Line
This ruling is a significant win for the embattled officials, particularly Mrs. Jean Mensa, who has faced intense scrutiny since the 2024 general elections. By following the strict letter of the law, the Mahama administration has signaled that while it will entertain citizen petitions, it will strictly defer to the judiciary's assessment of their merit.
