Civil society group Care for Free and Fair Elections Ghana (CARE Ghana) has called on the Chief Justice to act expeditiously on a petition seeking the removal of the Chairperson of the Electoral Commission (EC) and two of her deputies, stressing that the process must strictly adhere to constitutional provisions and principles of fairness.
In a statement, CARE Ghana commended the President for complying with the constitutional procedure by referring the petition to the Chief Justice, describing the action as a positive signal of respect for the rule of law and Ghana’s constitutional order.
According to the group, the removal of the Chairperson and Deputy Chairpersons of the EC is governed by Article 146 of the 1992 Constitution, as applied by Article 44(4). Under Article 146(1), the EC Chairperson, whose position is analogous to that of a Justice of the Superior Courts, can only be removed on grounds of stated misbehaviour, incompetence, or inability to perform official functions due to infirmity of body or mind.
CARE Ghana explained that once a petition is received, Article 146(3) mandates the President to refer it to the Chief Justice to determine whether a prima facie case exists. Where such a case is established, Articles 146(4) to (6) require the setting up of a committee to investigate the petition and make recommendations, with the entire process conducted in accordance with the rules of natural justice and due process.
While urging swift action, the group cautioned that urgency must not undermine judicial independence or fairness. It emphasised that the rights of the EC Chairperson and her deputies — including the presumption of innocence, the right to be heard, and the right to a fair and impartial process — as guaranteed under Articles 19 and 23 of the Constitution, must be fully respected.
CARE Ghana noted that Ghana’s democratic maturity is demonstrated not by the absence of disputes, but by the commitment of state institutions to resolve them through constitutional means. The group said it expects similar expedition from the Chief Justice, while maintaining the integrity of the judicial process.
The organisation reaffirmed its commitment to promoting free, fair, and credible elections, and pledged to continue encouraging all stakeholders to uphold the Constitution, the rule of law, and democratic accountability.
