Minister for Government Communications, Felix Kwakye Ofosu, has responded to assertions regarding the impending dismissal of the Chairperson of the Electoral Commission (EC), Jean Mensa, by the Mahama-led administration.

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Mr. Kwakye Ofosu stated that, at present, there is no concrete evidence against Jean Mensa to justify her removal, despite increasing calls from civil society organizations, individuals, and other stakeholders demanding her dismissal over allegations of misconduct, constitutional violations, and incompetence during the 2024 elections.

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“Even though the EC has been unfair to the NDC, the law is clear—the EC Chair cannot be removed until she turns 70 or unless there is clear evidence of misconduct. As we speak, the President has not been presented with any such evidence,” he said while engaging the media on February 10.

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Highlighting the laws governing the appointment and removal of the Electoral Commission (EC) boss, he emphasized that the EC’s tenure is enshrined in the Constitution, making arbitrary removal impossible.

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However, he noted that any evidence brought before the President regarding the EC Chair would be thoroughly examined, and appropriate action would be taken if necessary.

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“If that happens, he (the President) will initiate the process to investigate the complaint and take the necessary action,” he stated. He further stressed that President Mahama does not have a track record of dismissing appointees purely for partisan reasons.

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“Mahama does not have a history of doing that, especially in institutions where the law regulates how appointments should be made,” he added.

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Article 43(3) of the 1992 Constitution states that "The Chairman of the Electoral Commission shall have the same terms and conditions of service as a Justice of the Court of Appeal."

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Additionally, Article 146 states: "The President may, acting in accordance with the advice of the Council of State, remove a Justice of the Supreme Court, a Justice of the Court of Appeal, or a Regional Tribunal from office for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior, but only on the grounds and in the manner provided by this article."

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Some civil society organizations (CSOs), including the Positive Transparency and Accountability Movement-Africa (PTAAM-Africa), have petitioned President Mahama to remove Jean Mensa and her deputies, namely Dr. Bossman Asare (Deputy Chairperson in charge of Corporate Affairs) and Samuel Tettey (Deputy Chairperson in charge of Operations).

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A notable advocate for her removal is the Vice President of IMANI Africa, Franklin Cudjoe, alongside an individual named Kwame Ofosu-Appiah, who also petitioned President Mahama. They cited constitutional violations and incompetence, pointing to issues such as the exclusion of certain residents from the 2020 parliamentary elections and alleged bias in handling election results.

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However, former Attorney-General Ayikoi Otoo expressed skepticism about the allegations against Jean Mensa, suggesting that they did not meet the constitutional threshold for removal. He emphasized the importance of careful evaluation and due process in handling such serious claims.

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