Ghana is witnessing yet another landmark legal tussle which could lead to the removal of the Special Prosecutor, Kissi Agyabeng.
Currently, before President Nana Akufo-Addo, a petition has been filed by no less a person than popular anti-corruption crusader Martin Lamisi Amidu, who is demanding the immediate removal of his successor on stated grounds.
Mr Amidu was the first to hold the position of Special Prosecutor following its establishment in 2017 but resigned in November 2020 due to reports of a lack of support and commitment by the executive to fight corruption.
Despite resigning from the position, Mr Amidu’s interest in the office and vigilance over the new occupant- Kissi Agyabeng, has been a thing of wonder.
It started with criticism of the OSP but the former Attorney-General has gone a notch higher, this time demanding the removal of his predecessor from office on several grounds, including procurement breaches regarding the purchase of some vehicles for the office of the Special Prosecutor.
In his petition, Mr Amidu also cited misconduct involving judges and justice administration, violations of citizens’ rights through unlawful arrest and detention, violations of the right to information law, and improper staff appointments to the office of the Special Prosecutor as further grounds.
The petition, submitted to the President on April 30, 2024, has gained so much attention and has topped media discussions since it came to light. But many Ghanaians are wondering what it takes to get the OSP removed.
This explainer will explore the processes and legal procedures required to remove the OSP successfully.
The law and OSP removal
First and foremost, the Office of the Special Prosecutor was established in 2017 by an Act of Parliament using the Office of the Special Prosecutor Act, 2017 (Act 959).
The Office of the Special Prosecutor is mandated to prosecute persons involved in the commission of corruption and corruption-related offences under the authority of the Attorney General.
The Act also empowers the OSP to recover the proceeds of corruption and corruption-related offences.
To remove the Special Prosecutor from office, Section 15 of the OSP Act, 2017 outlines the steps.
It’s important to note that the Special Prosecutor shall not be removed from office except for stated misbehaviour or incompetence, incapacity to perform the functions of the office because of the infirmity of body or mind, or willful violation of the Official Oath or Oath of Secrecy, among other reasons, as stated by Section 15 (1) of the OSP Act.
Now, to get the OSP removed, Section 15 (2) has it stated explicitly and explained below:
i. a person seeking the removal of the Special Prosecutor from office shall submit a petition to the President.
ii. The President shall refer the petition to the Chief Justice within 7 days of receiving it, who shall determine within 30 days whether there is a fact or presumption sufficient to be regarded as true unless otherwise disproved (prima facie case).
ii. where the Chief Justice determines there is a prima facie case, the Chief Justice shall within 14 days, set up a committee consisting of a Chairperson, who is a Justice of the Supreme Court, a lawyer of at least 15 years of standing at the Bar, and one other person with the expertise in investigations.
iv. The Committee shall investigate the matter within 90 days and make its recommendations to the President through the Chief Justice.
v. The President shall act by the recommendations of the Committee.
Now, with the petition against the Special Prosecutor, Kissi Agyabeng Esq, the process has already begun in earnest. The office of the President has since referred the petition to the Chief Justice, as stated in Section 15(2).
The move has already triggered varied reactions from the Ghanaian public. However, what is for sure is that this issue will remain topical throughout the coming weeks. Some key actors in the fight against corruption believe the move to impeach the Special Prosecutor defeats the country’s fight against corruption and makes it easier for President Akufo-Addo and his government to get away with their perceived corrupt scandals.
In an interview with Citi News, private legal practitioner Martin Kpebu raised concerns about the petition’s potential disruption to the OSP’s work.
He expressed that the mere initiation of the removal process and its announcement to the public could cast a shadow on the OSP’s work, which could have dire consequences for its operations.
This explainer is produced under the DUBAWA 2024 Kwame KariKari Fellowship, supported by the National Endowment for Democracy (NED), to facilitate the ethos of “truth” in journalism and enhance media literacy in the country.
