President John Mahama has been petitioned to remove Electoral Commission (EC) Chairperson Jean Mensa.
Deputy EC Chairs Samuel Tetteh and Dr. Bossman Eric Asare, as well as EC member Dr. Peter Appiahene, are also to be removed from office, according to the January 27 appeal.
A violation of fundamental human rights as defined by Article 42 of the 1992 Constitution is one of the grounds for this petition.
Additionally, it identifies violations of Articles 23 and 296 of the 1992 Constitution, including ineptitude, bias, and acts and inactions that erode public trust in the Commission’s impartiality and integrity.
According to the petitioner from the Volta Region, there was a grave breach of citizens’ rights under Article 42 of the 1992 Constitution when voters in the Santrokofi, Akpafu, Likpe, and Lolobi (SALL) districts were denied the opportunity to vote in the 2020 parliamentary elections.
According to the petition, this action may have affected the balance of power in a hung parliament and denied representation to SALL citizens in Parliament.
“For over four years, the people of SALL were deprived of their constitutional right to parliamentary representation, leaving them without a voice in the legislative process. Also, at the time of this deliberate exclusion, the parliamentary composition was a hung parliament. The SALL area’s parliamentary vote was pivotal and could have potentially given the opposition National Democratic Congress (NDC) a majority.
By disenfranchising these voters, the EC acted in a manner that suggests partisan bias and an attempt to influence the balance of power in Parliament.”
The petitioner further alleged that certain commissioners engaged in overt partisanship and that the 2020 presidential election was poorly managed, including inaccuracies in the outcomes.
“The Chairperson of the Electoral Commission, in concert with her deputies, has demonstrated gross incompetence in the performance of her duties. Announcing such a critical decision (Exhibit A) on the eve of an election suggests poor management and a failure to anticipate the impact of the Guan District’s
creation on electoral arrangements.”
he petitioner also referenced past comments and actions by Dr. Bossman Asare and Dr. Peter Appiahene, accusing them of compromising the EC’s impartiality.
“Dr. Bossman Asare, made numerous social media comments on platforms such as Facebook and Twitter before his appointment, displaying overt bias against the opposition party. These statements have raised questions about his impartiality and suitability for the role.”
The petition called on President Mahama to act under Article 146 of the Constitution to restore public confidence in the electoral process while supporting it with detailed exhibits and evidence to substantiate the claims. The Presidency is yet to comment on the matter.
Jean Mensa was appointed as the EC Chairperson on 23 July 2018, after her predecessor Charlotte Osei was removed from office.
She has superintended two major elections since her appointment.
This is not the first time Madam Mensa has been in such a position.
In August 2020, she survived a petition by the Alliance for Social Equity and Public Accountability (ASEPA) which was dismissed by former President Akufo-Addo.
The dismissal was on the back of the fact that although the EC boss did not declare her assets then prior to a CHRAJ report cited by ASEPA, she took remedial steps to do so when it was brought to her attention in the petition to investigate same.
In August 2022, the pressure group, Fix the Country Movement, also petitioned the former President against the Chair over the issues of the people of Santrokofi, Akpafu, Lolobi and Likpe (SALL) in the Oti Region.
