The Office of the President has confirmed the receipt of 10 separate petitions submitted by private citizens, all calling for the removal of the Special Prosecutor (OSP), Kissi Agyebeng, and the Chairperson of the Electoral Commission (EC), Jean Mensa, along with her two deputies, Eric Bossman Asare and Samuel Tettey.
According to sources, the petitions against Special Prosecutor Kissi Agyebeng focus on allegations of incompetence and abuse of office. The petitions concerning the EC leadership center on issues surrounding the running of the commission and the need for greater accountability at the highest levels.
Legal Process Initiated
The petitions have been forwarded to the Chief Justice, Justice Paul Baffoe-Bonnie, to initiate the constitutional process for their evaluation.
The procedure for removing the Special Prosecutor is strictly outlined in Section 16 of the Office of the Special Prosecutor Act 2017 (Act 959).
The Act mandates the following steps once a removal petition is submitted to the President:
- The President must refer the petition to the Chief Justice within seven days.
- The Chief Justice must then determine within 30 days whether a prima facie case has been established.
- If a prima facie case is confirmed, the Chief Justice must constitute a three-member committee within 14 days.
This committee must comprise: a chairperson who is a Justice of the Supreme Court; a lawyer of at least 15 years’ standing; and one other person with expertise in investigations. The committee is then given 90 days to investigate the matter and submit its recommendations, which the President is legally bound to follow.
Criticisms Against the OSP
Kissi Agyebeng has served as Special Prosecutor since 2021, succeeding the first OSP, Martin Amidu. His tenure has been marked by mixed public opinion regarding the effectiveness of the office.
Critics allege that the institution has fallen short of its mandate, citing specific cases and conduct:
- Legal practitioner Martin Kpebu accused Mr. Agyebeng of “extreme incompetence” for allegedly allowing former Finance Minister Ken Ofori-Atta to leave Ghana while under investigation.
- Lawyer Kweku Paintsil criticized the OSP’s frequent press briefings as “highly unprofessional,” accusing the office of conducting trials in the court of public opinion.
- In 2023, an Accra High Court judge officially rebuked the OSP for making claims in its affidavits that suggested appellate jurisdiction over the court, terming it a “clear abuse of power.”
- Former Special Prosecutor Martin Amidu has publicly described Agyebeng as “pathologically dishonest” and “unfit” for his role, particularly criticizing his public statements regarding the Strategic Mobilisation Ghana Limited (SML) case.
The submission of these petitions sets in motion a significant legal and constitutional process that will determine the future of two of Ghana’s most critical accountability institutions.
