President John Mahama
A petition seeking the removal of Justice Daniel Mensah, a Court of Appeal judge, on grounds of ‘stated misbehaviour’ has been submitted to President John Dramani Mahama.
The petition, submitted by a private citizen, Rocky Ofori, and dated April 7, 2026, invoked Article 146 of the 1992 Constitution, outlining alleged pattern of actions that undermine the authority of the courts and threaten public confidence in the judiciary.
“Article 146 of the Constitution guarantees security of tenure for Justices of the Superior Courts, but expressly provides that such judges may be removed from office where stated misbehaviour or incompetence is established.
“The constitutional protection afforded to judges is intended to safeguard judicial independence; however, it is equally designed to ensure that judges who conduct themselves in ways that undermine the integrity of the judiciary are held accountable through the constitutionally prescribed process,” parts of the petition read.
A key allegation centered on claims that Justice Mensah supervised elections for the Bono Regional House of Chiefs while a related case was pending before the High Court in Kumasi.
According to the petition, despite the matter being before the court—and the Electoral Commission (EC) declining to proceed due to the ongoing case—the judge allegedly went ahead to oversee the elections.
The petitioner further alleged that the Court of Appeal judge actively participated in the election, in which he was a candidate, and later took part in swearing in the winners.
This, the petitioner contend, raises serious issues of conflict of interest, and argued that such actions violate the principle of sub judice and represent a direct challenge to judicial authority.
Another major claim is that he allegedly defied a High Court order recognising Nana Samgba Gyafla II, as the Paramount Chief of the Sampa Traditional Area.
Such conduct, the petitioner argued, undermines the authority of the courts and sets a troubling precedent.
The petitioner has, therefore, urged the President to trigger the constitutional process by referring the matter to the Chief Justice, to determine whether a prima facie case exists.
Under Article 146, such a process is required for the possible removal of a Superior Court judge.
The petition argues that the issues raised go beyond individual conduct and strike at the core of judicial accountability and the rule of law.
“The conduct of His Lordship Justice Daniel Mensah…, constitutes stated misbehaviour that strikes at the very foundation of the rule of law and the authority of the courts.
“This petition is therefore respectfully presented to Your Excellency pursuant to Article 146(3) of the Constitution, which provides that where a petition is received for the removal of a Justice of the Superior Court other than the Chief Justice, the President shall refer the petition to the Chief Justice for the determination of whether a prima facie case has been established,” the petition read.
A Daily Guide Report