'Sweet decision' - Kpebu reacts to stripping of OSP’s prosecutorial powers

Renowned legal practitioner Martin Kpebu, who is a stern critic of Special Prosecutor Kissi Agyebeng, has praised the decision of the court to strip the prosecutorial powers of the Office of the Special Prosecutor.

In an interview with GHOne TV on April 16, 2026, Martin Kpebu indicated that the decision of the court was apt because it brings to bear some of the concerns he has been raising about the conduct of the Special Prosecutor and other appointees of his office.

“It's a sweet decision, but please listen carefully to what follows. I say it's a sweet decision because, look, whether the Supreme Court will toe the same line as the High Court or not, it's a different matter. It's sweet for me, because right now it brings back to the fore conversations around the Special Prosecutor, especially the misgovernance that's gone on there, the things I've been crying about, and, you know, all the back and forth.

“So this decision has brought the discussion around his governance back to the fore, so we can begin to, sorry, we can continue to hold him accountable, how he allowed Ofori-Atta to flee, etcetera. For me, they’re intertwined, because there's no way they can finish talking about this decision and not visit what he did when Ofori-Atta fled, and the fact that he didn't start the investigations into the SML matter until he had fled, etc. So, for me, that's why I say it is sweet,” he said.

Martin Kpebu, however, indicated that the matter is not yet settled, as there is a similar case before the apex court of the land, the Supreme Court.

He indicated that the decision of the court might reverse the ruling of the High Court and the OSP would have its prosecutorial powers back.

“When it comes to the merits of the case itself, what I say is that, look, in law, as we've said time and again, there are different schools of thought. Even the Supreme Court judges, you find they don't subscribe to the same school of thought. You will find those who do a lot of the modern purposive approach, which also, in actual fact, encapsulates the literalist, etc. Then you would find that when it comes to the philosophies, some are what we call they belong to the sociological school. We have the realists, to make it simple. All I'm saying in simple words is that the judges don't think alike. So because they don't think alike, it's possible that when the Supreme Court comes to deal with the Noah Adamtey case, they can rule in a way that will be the same as what the High Court judge has ruled, that is to say, the OSP cannot prosecute a case without express authorisation from the Attorney General,” he said.

Court rules OSP lacks authority to prosecute cases

Watch a video of his remarks below:



BAI

The 4 reasons Justice Dorgu is under fire over judgement in RNAQ divorce case: