A formal petition has been lodged to seek the removal of Mrs Jean Adukwei Mensah, the Chairperson of the Electoral Commission of Ghana (EC), along with her two deputy commissioners, Dr Eric Bossman Asare and Mr Samuel Tettey.
The petition written by Daniel Ofosu-Appiah, a Ghanaian citizen and a resident in the Volta Region also sought the removal of another member of the Electoral Commission Dr. Peter Appiahene, citing severe breaches of constitutional duties and undermining public confidence in the electoral process.
“This petition is brought under the authority of Article 146 of the 1992 Constitution, which provides the procedure for the removal of persons holding certain high offices enjoying the privileges and protections akin to that of the Superior Court judges.”
Daniel Ofosu-Appiah
The grounds for this petition centred on a series of alleged constitutional violations, including the deprivation of fundamental human rights and accusations of bias and incompetence within the Electoral Commission.
One of the primary issues raised in the petition highlights a critical incident that occurred on the eve of the 2020 parliamentary elections.
The Electoral Commission had issued a controversial communiqué that effectively barred eligible voters from the Guan district—including communities such as Santrokofi, Akpafu, Likpe, and Lolobi (collectively referred to as SALL)—from participating in the electoral process.
This decision, according to the petition, was both discretionary and unjust, lacking the fairness and transparency required by the Constitution.
The petition asserted that the timing of the announcement raised significant concerns, as it provided affected voters with virtually no opportunity to react or challenge the decision before the elections.
This reactive approach directly undermines citizens’ rights to vote, guaranteed by Article 42 of the 1992 Constitution, which safeguards the rights of all Ghanaian citizens of voting age.
“By disenfranchising the SALL electorate—especially during a hung parliament—the EC not only violated their constitutional rights but also potentially influenced the balance of power in Parliament”.
Daniel Ofosu-Appiah
The exclusion of these voters in a critical electoral context raises serious questions regarding the impartiality of the Electoral Commission, which is constitutionally mandated to operate independently and without prejudice (Article 46).
Implications of the Petition
The consequences of such actions have been profound. The people of SALL were deprived of their parliamentary representation for over four years, leaving them without a voice in legislative affairs and failing to uphold the democratic values enshrined in the Ghanaian Constitution.
Additionally, the petition alleged a pattern of behaviour by the Electoral Commission’s leadership that could be perceived as partisan bias—an alarming assertion that challenges the integrity of the body responsible for overseeing free and fair elections in Ghana.
This action has sparked a wave of discussion among the public and political analysts, with many treating the petition as a litmus test for the current administration’s commitment to upholding democratic principles
The petition’s submission to the President marks a pivotal moment, urging serious consideration of the alleged malpractices within the Electoral Commission as the nation approaches future elections.
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