Debate Rekindled Over Possible Petition to Remove EC Chair Despite Prior Exoneration
A legal and political debate is re-emerging over a fresh petition seeking the removal of the Electoral Commission (EC) Chair, despite an earlier ruling by the Chief Justice (CJ) that cleared the official of wrongdoing.
Ohene Amankwaa-Gyan, Esq. suggested during Chief Justice’s earlier verdict that a new petition may be imminent, emphasizing that the CJ’s earlier determination found no prima facie case against the EC Chair.
According to him, any renewed attempt must be grounded in “proven evidence” rather than speculation or political sentiment.
His remarks come against the backdrop of campaign statements previously attributed to the National Democratic Congress (NDC), which indicated that, as part of a broader “reset” agenda, certain institutional heads—including the Chief Justice, the EC Chair, and the Special Prosecutor—could be removed if the party assumed office.
Mr. Amankwaa-Gyan cautioned against what he described as a growing tendency to politicize the removal of heads of independent institutions. He stressed that Article 146 of Ghana’s Constitution clearly outlines the procedures for the removal of such officials and must be strictly adhered to.
“Nothing compels the Chief Justice to establish a prima facie case where none exists. As lawyers, we rely on evidence, not conjecture,” he stated.
He further noted that while the CJ’s earlier ruling dismissed the initial petition, it would not be entirely surprising if a future petition, should new and compelling evidence emerge—could lead to a different outcome.
He added that some members of the NDC had previously expressed dissatisfaction with the CJ’s decision, arguing that they believed there was sufficient basis for a prima facie case at the time.
The legal practitioner also highlighted the long-term implications of such constitutional decisions, pointing to Justice Baffour Bonney’s eventual retirement and the likelihood that his judicial legacy would serve as a reference point in Ghana’s legal history.
Observers say the renewed discourse underscores the delicate balance between political accountability and institutional independence, with many urging restraint and strict adherence to constitutional processes.
As discussions continue, stakeholders are calling for caution to ensure that any action taken does not set a precedent that could undermine the stability and autonomy of Ghana’s democratic institutions.
