Jean Mensah, Deputies Hot over Multiple Constitutional Breaches as Prez Mahama Receives Petitions
A Ghanaian citizen, Daniel Kwame Ofosu-Appiah, has filed a supplementary petition to President John Dramani Mahama seeking the removal of the Electoral Commission (EC) Chairperson, Mrs. Jean Mensa, her two deputies, and a commissioner.
The petition, dated September 24, 2025, expands on an earlier one submitted in January this year and accuses the EC leadership of misrepresentation, mismanagement of public resources, negligence, misconduct, and breaches of constitutional obligations.
Invoking Article 146
The petition, sighted by The New Republic, invokes Article 146 of the 1992 Constitution, which outlines procedures for removing superior court judges and heads of independent constitutional bodies, including the EC.
Mr. Ofosu-Appiah argues that the EC, under Jean Mensa’s watch, has engaged in conduct that erodes public trust, undermines accountability, and violates constitutional integrity.
Alleged Misrepresentation on Biometric Devices
One of the central claims is that the EC deliberately misrepresented the status of its biometric equipment ahead of the 2020 general elections.
The Commission publicly claimed that devices acquired from 2011 onwards were obsolete. However, the petitioner cited supplier correspondence and official records showing that some were newly acquired or refurbished as recently as 2018 and 2019.
He described this as deliberate deception that misled Ghanaians and justified needless procurement that drained state resources.
Negligence and Data Breach Concerns
The petition further accuses the EC of negligence after biometric devices containing voters’ data were found at a recycling plant.
Mr. Ofosu-Appiah said this breached the Data Protection Act, 2012 (Act 843) and posed serious national security risks, exposing the leadership as grossly incompetent.
Wasteful Procurement and Financial Loss
Mr. Ofosu-Appiah also alleged financial waste in the Commission’s decision to discard still-functional biometric equipment and procure an entirely new Biometric Voter Management System (BVMS) in 2020.
He argued that this violated the Public Procurement Act, 2003 (Act 663, as amended by Act 914), citing provisions requiring value for money and efficiency.
He stressed that discarding equipment prematurely caused financial loss to the Republic.
Independent watchdog CODEO had previously confirmed that the so-called “obsolete” devices were still working effectively during the 2018 referendum and 2019 district-level elections, sometimes even outperforming the new systems.
Breaches of Asset Declaration Rules
Perhaps most damning are allegations of constitutional breaches over asset declaration obligations.
Jean Mensa declared her assets in February 2020, over a year late.
Dr. Bossman Eric Asare also declared a year late in February 2020.
Samuel Tettey declared his assets only in May 2025 — a delay of over six years.
Dr. Peter Appiahene, appointed in March 2023, has not declared his assets to date.
The petitioner argued that these were not minor administrative lapses but serious violations of Article 286 of the Constitution and Act 550, showing a systemic disregard for accountability.
Call for Presidential Action
In conclusion, Mr. Ofosu-Appiah urged President Mahama, under Article 146(3), to forward both his initial and supplementary petitions to the Chief Justice for a determination of a prima facie case.
He prayed that a full inquiry be launched into whether the EC Chairperson, her deputies, and the commissioner have engaged in misbehaviour, incompetence, financial mismanagement, and constitutional breaches, and if confirmed, that they be removed from office.
Source: thenewrepublicgh.com
About Author
