THE CONSTITUTION OF THE REPUBLIC OF GHANA: ARTICLE 146
ARTICLE 146 PETITION FOR THE REMOVAL OF THE ELECTORAL COMMISSION CHAIRPERSON, JEAN ADUKWEI MENSA.
The Electoral Commission (EC) of the Republic of Ghana is an independent Constitutional body charged with the primary responsibility of organizing FREE, FAIR and TRANSPARENT ELECTIONS.
The current leadership under the Chairmanship of Mrs. Jean Adukwei Mensa, knowingly created Constitutional Crises by their actions and inactions in the lead up to the 2020 Presidential Elections as they ignored caution and advise from by various stakeholders of the adverse outcomes and implications of their actions and acts of omission. It is worthy of note, that Mrs. Jean Mensa earlier last year as given an opportunity through a letter dated 4th June, 2020 (copy attached) copied the President of Ghana, the Chief Justice and the Council of State; in the hope of averting this Article 146 action for her removal from office, but Mrs. Jean Adukwei Mensa refused to respond making this instant Petition inevitable.
By this instant PETITION and in accordance with Article 146, the President is obligated to forward for the immediate attention of the Chief Justice for the sole purpose setting up the appropriate Committee to thoroughly investigate the allegations made in the Petition by named persons and organizations, to establish a CASE against the Electoral Commission Chairperson ultimately leading to the removal of Mrs. Jean Adukwei Mensa from office as per the Petition.
The Petition is grounded on stated misbehavior of the Electoral Commission Chairperson not limited to gross incompetence, bias, procurement breaches and poor corporate governance practices.
The under listed instances of incompetence of the Jean Mensa-led Electoral Commission, bias and poor corporate governance posture has resulted in the following;
1. ADVERSARIAL POSTURE & BIAS:
There has been a breakdown of consensus building with stakeholders by the Jean Mensa-led EC and the consequent marginalization of the Inter-Party Advisory Committee (IPAC).
The Jean Mensa-led EC created a parallel advisory body, the Eminent Advisory Committee which is largely defunct and has proven irrelevant to the challenges that arose in the course of the work of the Commission leading up to the crises.
ALLEGED COLLUSION OF EC WITH THE NPP
The independence of the Jean Mensa-led EC was often compromised.
The Jean Mensa-led EC rather than build consensus in taking a decision on the vexed issue of a new voters registration in the middle of the deadly Coronavirus pandemic; resorted to voting at an IPAC meeting after allegedly packing the IPAC with many defunct political parties which were not in good standing per the records of the Electoral Commission, in a bizarre manner allegedly calculated to procure a particular outcome favourable to the New Patriotic Party (NPP).
It is instructive to note that, the appointment of the Jean Mensa-led EC after the acrimonious REMOVAL OF THE CHARLOTTE OSEI-LED EC set the baseline for judging the new EC.
The bias and utterances of the new Jean Mensa-led EC has been very evident.
Mrs. Jean Adukwei Mensa, the Chairperson, prior to her appointment by President Akufo Addo, had a history with the opposition National Democratic Congress (NDC) which had led to the NDC boycotting her private organization, the Institute of Economic Affairs (IEA) which was involved in National ELECTION Policy Formulation.
A Deputy Electoral Commissioner, Dr. Bossman Asare, who until his appointment by President Akufo Addo, was the Patron of the NPP Students wing (TESCON) of the