The Office of the President has received ten distinct petitions requesting the dismissal of Special Prosecutor Kissi Agyebeng, as well as Chairperson of the Electoral Commission Jean Mensa and her two deputies.
These petitions were filed by private citizens who allege various types of misconduct.
In the petitions, Special Prosecutor Kissi Agyebeng is accused of incompetence and misuse of office.
Currently, the petitions are under the review of the Chief Justice, Justice Paul Baffoe-Bonnie.
Pursuant to Section 16 of the Office of the Special Prosecutor Act 2017 (Act 959), any petition for the removal of the Special Prosecutor must be assessed to ascertain whether it meets the constitutional criteria for further proceedings.
The Act further stipulates that:
1. An individual seeking the removal of the Special Prosecutor must submit a petition to the President.
2. Upon receipt of a petition, the President is obligated, within seven days, to forward it to the Chief Justice, who is then required to determine within 30 days whether a prima facie case exists.
3. If a prima facie case is established, the Chief Justice must, within 14 days, form a three-member committee consisting of: a chairperson who is a Justice of the Supreme Court; a lawyer with a minimum of 15 years’ experience at the Bar; and one additional individual with expertise in investigations.
4. The Committee is then tasked with investigating the issue within 90 days and must submit its recommendations to the President via the Chief Justice.
5. The President is obligated to act in accordance with the recommendations of the Committee.
2. Upon receipt of a petition, the President is obligated, within seven days, to forward it to the Chief Justice, who is then required to determine within 30 days whether a prima facie case exists.
3. If a prima facie case is established, the Chief Justice must, within 14 days, form a three-member committee consisting of: a chairperson who is a Justice of the Supreme Court; a lawyer with a minimum of 15 years’ experience at the Bar; and one additional individual with expertise in investigations.
4. The Committee is then tasked with investigating the issue within 90 days and must submit its recommendations to the President via the Chief Justice.
5. The President is obligated to act in accordance with the recommendations of the Committee.
Kissi Agyebeng has held the position of Special Prosecutor since 2021, succeeding Martin Amidu, who was Ghana’s inaugural Special Prosecutor.
Views on the effectiveness of the Office remain polarized. While some assert that the Office of the Special Prosecutor has introduced a vital layer of accountability in public affairs, others argue that the institution has not fulfilled its intended purpose.
For instance, in the extradition case involving Ofori-Atta, legal practitioner Martin Kpebu accused Agyebeng of exhibiting “extreme incompetence” by permitting former Finance Minister Ken Ofori-Atta to depart Ghana while under investigation, implying that this failure compromises the credibility of the Office of the Special Prosecutor (OSP).
Additionally, Lawyer Kweku Paintsil has recently condemned the OSP’s regular press briefings, labeling them as “highly unprofessional” and alleging that the Special Prosecutor is conducting trials in the court of public opinion instead of through the established legal framework.
In 2023, a judge from the Accra High Court admonished the OSP, indicating that by making specific assertions in its affidavits, the office behaved as though it possessed appellate jurisdiction over the court, which the judge deemed a “clear abuse of power.”
Moreover, Special Prosecutor Martin Amidu characterized Agyebeng as “pathologically dishonest” and “unfit” for his position, particularly criticizing his public remarks regarding the Strategic Mobilisation Ghana Limited (SML) case.
The petitions seeking the removal of Chairperson Jean Mensa and her two deputies, Eric Bossman Asare and Samuel Tettey, focused on the management of the commission and the necessity for accountability at the highest levels.
