…Cites misrepresentation, mismanagement, and constitutional breaches
By Prince Ahenkorah
A Ghanaian citizen, Daniel Kwame Ofosu-Appiah, has filed a supplementary petition to President John Dramani Mahama, calling for the removal of the Chairperson of the Electoral Commission (EC), Mrs. Jean Mensa, her two deputies, and a commissioner.
The petition, dated September 24, 2025, comes as an addition to an earlier one submitted on January 27, 2025, and accuses the EC leadership ofmisrepresentation, mismanagement of public resources, breach of statutory obligations, and misconduct on the part of the Electoral Commission and its Commissioners.
The latest petition, a copy of which has been sighted by The New Republic, invokes Article 146 of the 1992 Constitution, which provides the procedure for the removal of superior court judges and certain independent officeholders, including members of the Electoral Commission.
Mr. Ofosu-Appiah insisted that the EC, under Jean Mensa’s leadership, has engaged in conduct that undermines the principles of accountability and integrity expected of a constitutional body tasked with managing Ghana’s electoral processes.
This is not the petitioner’s first attempt to seek accountability from the EC. His initial petition in January 2025 raised concerns over the Commission’s procurement decisions, handling of electoral equipment, and compliance with constitutional requirements.
The supplementary petition, however, introduces additional evidence and exhibits to support allegations of misrepresentation, mismanagement, negligence, misconduct, and breaches of statutory obligations.
According to the petitioner, the cumulative effect of these actions amounts to misbehaviour and incompetence, warranting the removal of the EC Chairperson, her deputies, and a commissioner.
One of the central claims in the petition is that the EC deliberately misrepresented facts about its biometric equipment ahead of the 2020 general elections.
The Commission had publicly claimed that biometric voter registration devices and verification machines, particularly those acquired from 2011 onwards, had become obsolete and could no longer serve Ghana’s electoral needs.
However, the petitioner cited supplier correspondence and official records that show several of these devices were either refurbished or newly acquired as recently as 2018 and 2019.
He described the action as deliberate misrepresentation, amounting to misconduct and bad faith, noting that such claims not only misled the Ghanaian public but also formed the basis for procurement decisions that drained public resources unnecessarily.
The petition also raised alarms about the EC’s alleged negligence in handling sensitive electoral equipment. According to Mr. Ofosu-Appiah, biometric devices containing voters’ personal and biometric data were discovered at a recycling plant, a fact that the EC itself admitted.
He argued that this incident breached the Data Protection Act, 2012 (Act 843), and exposed the Republic to grave national security and privacy risks. Such negligence, he says, demonstrates gross incompetence and misbehaviour on the part of the EC leadership.
Another major ground for removal is what the petitioner describes as financial waste and loss to the Republic.
He accused the EC of discarding biometric equipment that was still functional, despite the State having spent huge sums on refurbishing and acquiring them between 2012 and 2019.
Instead, the Commission opted to procure an entirely new Biometric Voter Management System (BVMS) in 2020. The petitioner argued that this decision violated provisions of the Public Procurement Act, 2003 (Act 663, as amended by Act 914, 2016).
He cited Section 20 of the Act, which requires procurement entities to ensure value for money, economy, and efficiency, as well as Section 92(2)(b), which makes it an offence for any person who, by conduct or connivance, causes financial loss to the Republic in relation to procurement.
By prematurely discarding the devices and spending excessively on new systems, he claims, the EC caused waste and financial loss, constituting misbehaviour and misconduct under the Constitution.
Independent observers, including the Coalition of Domestic Election Observers (CODEO), confirmed that the so-called obsolete devices were still functioning effectively during the 2018 referendum and the 2019 district-level elections, in some cases performing better than the new equipment procured in 2020.
This evidence, according to the petition, further undermines the EC’s justification for its procurement choices and reveals dishonesty and poor judgment.
Perhaps the most damning allegations in the petition relate to the asset declaration obligations of the EC’s leadership.
Article 286 of the Constitution requires public office holders to declare their assets and liabilities within six months of assuming office. The Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550) reinforces this requirement, leaving no room for retroactive compliance.
According to information obtained from the Auditor-General’s Department, several members of the EC’s top leadership breached this obligation. Jean Mensa, the Chairperson, was sworn into office on August 1, 2018, and was required to declare her assets by February 2019 but only complied on February 17, 2020, over a year late.
Deputy Chairperson for Corporate Services, Dr. Bossman Eric Asare, was also sworn in August 2018, but declared his assets only on February 10, 2020; more than a year late.
Deputy Chairperson for Operations, Mr. Samuel Tettey, appointed in August 2018, and was required to declare by February 2019 and again by August 2022, but only declared on May 5, 2025, a delay of over six years.
Commissioner Dr. Peter Appiahene, who was appointed in March 2023, was required to declare his assets by October 2023, but also failed to do so and till date, he has not declared assets.
The petitioner insisted that these breaches are not mere administrative lapses but rather serious constitutional violations.
He argued that the late declarations by Jean Mensa and Bossman Asare undermine accountability, the extremely late declaration by Samuel Tettey constitutes a continuing violation of the Constitution, and the complete failure by Dr. Appiahene to declare his assets amounts to an outright constitutional breach.
Together, he contends, these instances demonstrate a systemic pattern of disregard for constitutional and statutory obligations by the leadership of the Electoral Commission.
In his petition, Mr. Ofosu-Appiah respectfully prays that President Mahama, in accordance with Article 146(3) of the Constitution, refers both the initial petition and this supplementary one, together with all supporting exhibits, to the Chief Justice for determination of a prima facie case.
He requested that the Chief Justice be tasked to inquire into whether the EC Chairperson, Deputies, and Commissioner have engaged in misbehaviour, incompetence, financial mismanagement, and violations of constitutional and statutory duties, and that, upon confirmation, they be removed from office in line with the provisions of Article 146.