President John Dramani Mahama has been petitioned to initiate constitutional processes for the possible removal of Justice Daniel Mensah over allegations of “stated misbehavior.”
According to various news reports, the petition was filed by private citizen Rocky Ofori under Article 146 of Ghana’s 1992 Constitution.
The petition accuses Justice Mensah of conduct allegedly capable of undermining judicial authority and weakening public confidence in the judiciary.
One of the key allegations relates to elections conducted for the Bono Regional House of Chiefs while a related matter was reportedly pending before the High Court in Kumasi.
According to the petition, the Electoral Commission declined to supervise the elections because of the ongoing court case. However, Justice Mensah allegedly proceeded to oversee the process himself, participated as a candidate and later swore in the elected officials.
The petitioner argues that the actions raise concerns about conflict of interest and violate the principle of sub judice, which discourages interference in matters currently before the courts.
The petition also claims that Justice Mensah disregarded a High Court ruling recognizing Nana Samgba Gyafla II as Paramount Chief of the Sampa Traditional Area.
According to the petitioner, the alleged conduct undermines the authority and integrity of the judicial system.
Rocky Ofori is urging President Mahama to refer the petition to the Chief Justice in line with Article 146 of the Constitution to determine whether a prima facie case exists for further proceedings.
“The conduct of His Lordship Justice Daniel Mensah constitutes stated misbehavior that strikes at the very foundation of the rule of law and the authority of the courts,” part of the petition stated.
The petition further argues that although judges are protected under constitutional provisions to preserve judicial independence, those protections must also be balanced with accountability where conduct is alleged to compromise the integrity of the judiciary.