The National Democratic Congress (NDC), as a major political party and key stakeholder in Ghana’s electoral process, has disagreed with the position of Chief Justice Paul Baffoe-Bonnie, who determined that there is no prima facie case to warrant further investigations into petitions seeking the removal of the Electoral Commission (EC) Chairperson, her deputies, and the Special Prosecutor.
The NDC argues that recent concerns surrounding data transfers and electoral integrity have undermined public confidence in the EC. The party cited instances during the last general elections where results were declared multiple times, raising questions about the management and credibility of the electoral process.
Mahdi Gibril, the NDC’s Director of Elections and IT, made these remarks on the Adekyee Mu Nsem morning show hosted by Citizen Kofi Owusu in Accra. He stated that the party believes the current leadership of the EC lacks the integrity required to oversee elections and therefore does not deserve to remain in office.
According to a statement issued by the Presidency on Wednesday, February 18, 2026, President John Dramani Mahama referred seven petitions calling for the removal of the Chairperson of the Electoral Commission, Jean Mensa, and her deputies, as well as three separate petitions seeking the removal of Special Prosecutor Kissi Agyebeng, to the Chief Justice for a determination.
The referral, made in accordance with Article 146 of the 1992 Constitution and Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), was to ascertain whether the petitions disclosed a prima facie case. The statement indicated that the petitions were forwarded to the Chief Justice on November 25, 2025.
In a letter dated January 26, 2026, the Chief Justice informed the President that no prima facie case had been established to justify further investigations or removal proceedings against the Electoral Commissioner, the Deputy Commissioners, or the Special Prosecutor.
The statement was signed by Felix Kwakye Ofosu, Spokesperson to the President and Minister for Government Communications. The development effectively brings closure, at this stage, to the petitions seeking the removal of the affected officeholders.
Earlier, speaking at the Government Accountability Series in Accra on Wednesday, January 14, Felix Kwakye Ofosu confirmed that a total of ten petitions — seven against the EC Chairperson and her two deputies, and three against the Special Prosecutor — had been forwarded to the Chief Justice for review.
He clarified that the President’s role in the process ends once the petitions are conveyed to the Chief Justice.
“Unlike the petitions against the Chief Justice, the President’s mandate in respect of the petitions against the Special Prosecutor and the Electoral Commissioner and her two deputies ends with conveying the petitions to the appropriate authority, which in this instance is the Chief Justice. That was done a couple of weeks ago,” he said.
He further emphasised that the Office of the President cannot comment further until the Chief Justice determines whether the petitions meet the threshold for establishing a prima facie case.
The petitions were submitted by various individuals and groups raising concerns about alleged misconduct. Those against the Special Prosecutor accuse him of incompetence and abuse of office, while the complaints against the Electoral Commission leadership focus on accountability and the management of the Commission.
Under Section 16 of the Office of the Special Prosecutor Act, 2017 (Act 959), any petition for the removal of the Special Prosecutor must follow a structured legal process. The President is required to forward petitions to the Chief Justice within seven days, after which the Chief Justice has 30 days to determine whether sufficient evidence exists to establish a prima facie case.
If such a case is established, the Chief Justice constitutes a three-member committee to investigate and submit recommendations to the President, who is bound to act on the findings.
Kissi Agyebeng has served as Special Prosecutor since 2021, succeeding Martin Amidu. His tenure has attracted both praise and criticism. While some commend the Office of the Special Prosecutor (OSP) for promoting accountability, others argue that it has fallen short of its mandate.
Legal practitioner Martin Kpebu has also criticised Agyebeng, accusing him of “extreme incompetence” for allegedly allowing former Finance Minister Ken Ofori-Atta to leave Ghana while under investigation.