In July 2017, Ghanaians were informed that a petition had been submitted to the Presidency seeking the removal of Mrs. Charlotte Osei as Chairperson of the Electoral Commission.
At the time, we got to know the petition was unsigned, empty, and baseless. Yet, driven by executive political power, hostility, and what many viewed as vindictiveness by the NPP administration, a prima facie case was somehow established to justify her removal.
A political machinery was subsequently set in motion, leading to her dismissal and replacement with individuals perceived to be aligned with the governing party, Mrs. Jean Mensa and Dr. Bossman Asare.
The petition, reportedly without a signature, should ordinarily have been forwarded directly to the Chief Justice, since the President’s role in such matters is largely procedural, merely that of a conveyor belt under the Constitution. Instead, the petition was opened, and the faceless petitioners were invited to append signatures before it was transmitted to the Chief Justice. Clear violation of the constitution process.
Even more troubling was the fact that Mrs. Charlotte Osei was denied copies of the petition forming the basis of her removal. She had to formally write to then Chief Justice Sophia Akuffo requesting copies of the petitions and the identities of the petitioners before the committee began hearings.
She never received them.
Both the Presidency and the Chief Justice denied her a basic right to adequately prepare her defence. She was subjected to a humiliating process and was ultimately removed , not strictly through constitutional fairness, but amid claims of political pressure and intimidation.
Fast forward to today. A similar constitutional situation presented itself to President John Mahama. However, this time the process unfolded differently. Immediately the petition reached the Presidency, President Mahama transmitted it directly to the Chief Justice, exactly as the Constitution requires. No individual was invited to amend or correct documents before transmission.
The determination of whether a petition meets the legal threshold and whether a prima facie case exists, is solely the constitutional prerogative of the Chief Justice in matters concerning the removal of an Electoral Commission Chairperson.
President Mahama, unlike President Akufo-Addo, resisted political pressure, even though many within the NDC openly wished to see Jean Mensa removed. He declined to interfere and allowed the constitutional process to take its course.
That is the difference.
That is a President who has sworn to uphold the Constitution, even when doing so may conflict with the preferences of his own party.
Many NDC faithfuls including myself have accused Jean Mensa of displaying bias as the Head of the EC and as the Returning Officer for the Presidential Election , particularly citing controversies surrounding the 2020 presidential election results, where multiple revised figures were announced and later challenged in court during the election petition.
Despite this strong political sentiments, the current process demonstrates restraint by the executive arm of government. That is commendable
Alas, the Chief Justice, that the NPP hates so bad has made a positive determination about one of their OWN, and the President has respected that decision.
At the end, constitutional order has prevailed.
Ghana has won.
Respect JM.
The God of Jean Mensah must be praised!!!!
Nii Amarh Amarteifio
Politcal & Branding Strategist
Accra
