I have the instructions of His Excellency the President to convey to you actions taken on your petition dated 22nd April 2025 on the above matter.
In accordance with Article 146(3) of the 1992 Constitution, His Excellency the President duly referred the petition to His Lordship, Justice Paul Baffoe-Bonnie, Chief Justice, on 25th November 2025, to determine whether the petition discloses a prima facie case.
By a letter dated 26th January 2026, the Chief Justice informed His Excellency the President that no prima facie case had been established by the petition to warrant any further investigation. The Chief Justice’s letter states as follows:
“While the allegations raise serious constitutional and administrative questions, they do not, on their face, meet the threshold required for a prima facie determination of stated misbehaviour or incompetence warranting that a committee be set up to inquire into the petition. The petition largely rests on conclusions of unlawfulness and bad faith without establishing, at a preliminary level, clear facts demonstrating intentional wrongdoing, or a manifest inability to perform constitutional functions. Even if the Commission’s actions or inactions are assumed to be erroneous, controversial, or suboptimal, such shortcomings do not automatically translate into stated misbehaviour or incompetence within the constitutional sense.
The allegations disclose disputes over constitutional interpretation, administrative judgment, and institutional response to complex transitional arrangements, rather than conduct so grave, personal, and culpable as to justify a prima facie determination for removal proceedings.
Under Article 146(3), therefore, there is no basis to activate the constitutional machinery for a full inquiry, and the petition fails at the prima facie stage.
Accordingly, I find that no prima facie case has been established against the Chairperson and Deputy Chairpersons of the Electoral Commission by the petitioner.”
In view of the Chief Justice’s determination that the constitutional threshold under Article 146(3) has not been met, no further steps are required in respect of your petition.
