Removal of Special Prosecutor: No law determines whether Kissi Agyebeng has misbehaved – Prof Abotsi

The Dean of the University of Professional Studies, Accra (UPSA) Law School has asserted that neither the 1992 Constitution of Ghana nor the law establishing the Office of the Special Prosecutor (OSP) can be used to determine whether the Special Prosecutor, Kissi Agyebeng, has 'misbehaved' while in office, which is the ground for the ongoing impeachment process against him.

According to Professor Ernest Kofi Abotsi, neither the Constitution nor the OSP Act clearly defines actions that are deemed as misbehaviours, myjoyonline.com reports.

He stated that the actions of the Special Prosecutor that have been deemed as misbehaviour, including his public engagements, are well within his mandate, and that it would be difficult to determine whether he did something illegal or not.

The dean added that the decision on whether the actions of the OSP constitute wrongdoing would be determined by the committee set up by the Chief Justice of Ghana if indeed the matter gets to that stage.

He said that the law establishing the OSP mentions "misbehaviour" or "incompetence" several times "however, both the Constitution and the OSP Act do not define what constitutes stated misbehaviour.

"Incompetence - we can assume that we probably will recognise what incompetence is, but stated misbehaviour presupposes that there are constituent aspects of what can be considered a misbehaviour," he is quoted to have said.

Prof Abotsi added, "However, because the two laws do not define it, the Constitution doesn’t define it, so we can’t make reference, and the Act also doesn’t define it - it means the one making a determination by way of impeachment - the panel making the determination would have to decide whether the particular act meets that threshold of stated misbehaviour".

President Nana Addo Dankwa Akufo-Addo was reported to have forwarded a petition for the removal of Kissi Agyebeng as Special Prosecutor to the Chief Justice.

The petition, dated 30 April 2024, was presented to the president by the former Special Prosecutor, Martin Amidu, and was relayed to Justice Gertrude Torkonoo on 6 May 2024.

Amidu was reported to have cited procurement irregularities in the acquisition of vehicles for the Office of the Special Prosecutor (OSP) and alleged misconduct involving judges and the administration of justice.

Additional accusations encompass the infringement of citizens' rights via arrests and detentions, breaches of the right to information, and the inappropriate appointment of staff to the office.

In accordance with Article 146 of the Constitution, the Chief Justice, Justice Gertrude Torkornoo, is currently assessing whether there is sufficient initial evidence to constitute a committee for Agyebeng's potential impeachment.

She has reportedly asked the Special Prosecutor to respond to the issues raised in the petition.

BAI/NOQ

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