Point of Law: How to formally remove the Special Prosecutor from office

The Special Prosecutor is a senior political appointee whose activities is governed by an act of Parliament and two other key regulations among others.

The Office of Special Prosecutor (OSP) derives its powers mainly from the Office of the Special Prosecutor Act, 2017 (ACT 959).

In the 51-page document are express provisions governing how the office must be set up, its objectives, appointment of its board and management as well as matters relating to operations, finances, administration and relationship with other anti-graft agencies.

One of the key sections of the Act is Section Two which is titled "Special Prosecutor and Deputy Special Prosecutor."

It addresses issues to do with their nomination and appointment, their functions and processes of removal.

In the light of a recent petition to President Nana Addo Dankwa Akufo-Addo to relieve the current SP, Kissi Agyebeng, of his position; GhanaWeb looks at the process of removal of SP from office.

1. Section 15 of the OSP Act deals with infractions that can lead to removal, among others misbehaviour or incompetence, incapacity or willful violation of their oath among others.

2. Subsection two deals with how someone can seek removal of the SP, which must be through a petition. In the instant case, a petition is said to have been submitted to the president by the pioneer SP, Martin Amidu, against Agyebeng.

3. Next step the president must refer it to the Chief Justice within seven days and the CJ must within 30 days established if there is a prima facie case against the SP.

4. The CJ must set up a committee within 14 days to look into the issue.

5. The committee must submit its findings within 90 days to the president.

6. "The President shall act in accordance with the recommendations of the Committee," the final process of the removal states.

Find the full removal process below:



Other laws relevant to the operations of the OSP are; the Office of the Special Prosecutor Regulations, 2018 (L.I. 2373), Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), and other laws bearing on the suppression and repression of corruption.

In addition to taking its own initiative, the OSP also receives and acts on referrals of investigations of alleged corruption and corruption-related offenses from Parliament, the Auditor-General, the Commission on Human Rights and Administrative Justice, the Economic and Organised Crime Office, and any other public institution. The Office also receives and acts on complaints from private entities and individuals.

Petition to oust Agyebeng referred to CJ

President Akufo-Addo has forwarded a petition to the Chief Justice for the removal of Special Prosecutor, Kissi Agyebeng.

This is according to a report by Accra-based Joy News and corroborated by the Herald Newspaper.

The report indicates that the petition was filed by inaugural SP Martin Amidu, who has cited Agyebeng for procurement breaches and abuse of office.

Agyebeng was appointed Amidu's successor in 2021.

Over the last three years, he has been the subject of stern critique by Amidu relative to his style of leadership and other operational issues.

GhanaWeb is working our sources at the presidency and at the Office of the Special Prosecutor for more details.