The former Special Prosecutor of Ghana, Martin Amidu, has slammed his successor, Kissi Agyebeng, as the ‘worst appointment’ ever made by President Nana Akufo-Addo over his remarks on the judiciary and the administration of justice.
Amidu, in a 15-page statement, accused Agyebeng of scandalizing the courts and violating the 1992 Constitution by holding a press conference on November 29, 2023, to express his concerns over what he said was an increasing trend of dismissive rulings in corruption cases he was pursuing.
Amidu said that Agyebeng crossed the red line of freedom of speech and expression by inciting the media and the public against the judicial branch of government and bringing the administration of justice into disrepute. He said that Agyebeng’s conduct was inconsistent with and contravened Article 127 of the 1992 Constitution, which guarantees the independence of the judiciary from interference and direction of any person or authority.
He also said that Agyebeng failed in his constitutional duty to protect the independence, dignity, and effectiveness of the courts by scurrilously abusing and scandalizing the courts and the administration of justice. He said that Agyebeng’s intention was to coerce the judiciary, especially the Court of Appeal and the Supreme Court, to decide the cases in his favour.
Amidu said that Agyebeng’s behaviour was an impeachable offence under Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), which provides for the removal of the Special Prosecutor for stated misbehaviour, wilful violation of the Official Oath, and conduct that brings or is likely to bring the Office of the Special Prosecutor (OSP) into disrepute, ridicule, or contempt, and is prejudicial and inimical to the security of the state.
He urged patriotic citizens to invoke the provisions of Section 15(3) of Act 959 for the removal of the Special Prosecutor from office. He said that Ghana needed an independent and impartial judiciary, which is enshrined under the 1992 Constitution, and not a rogue Special Prosecutor who intentionally violates the Constitution and the law governing his tenure as a public officer.
He also described the appointment of Agyebeng by the President as one of the worst appointments of Nana Addo Dankwa Akufo-Addo. He said that the President, who was himself a former Attorney General, knew that Agyebeng was the wrong choice for the position of the Special Prosecutor.
“Kissi Agyebeng is the worst appointment the President has ever been led into making and the President knows this as a former Attorney-General. I have no doubt that the President who was himself an Attorney-General would have initiated disciplinary proceedings against a DPP who committed the same violation of the 1992 Constitution during his tenure as the Attorney-General. The President is not, however, in a position to initiate disciplinary proceedings against the Special Prosecutor as he can only be removed from office under Section 15 of Act 959 by a process of impeachment,” he said.
Agyebeng, who held a press conference on November 29, 2023, to provide an update on his office’s investigations into corruption and corruption-related matters, addressed the media on various cases, including the one involving the former Minister of Sanitation and Water Resources, Cecilia Dapaah, who is accused of misappropriating funds meant for the construction of boreholes.
He also complained about some setbacks his office had encountered in court with regards to cases of corruption. He said that the court’s responsibility was to interpret the laws of Ghana and not to determine who should be investigated by the investigative bodies in the country, including the OSP. He said that it was totally wrong for the court to stop the investigations by the OSP, adding that it set a bad precedent for criminal investigation in the country.
He said that the court had granted two persons immunity from investigation for suspected corruption and corruption-related offences, and hence immunity from prosecution. He said that this decision was detrimental to the fight against corruption and could lead to even murderers seeking injunctions from being investigated.
He also highlighted the efforts that his office had made to improve its capacity and efficiency, such as recruiting more staff, moving to a new office, and acquiring more equipment. He said that his office was ready to branch out into the regions, starting from Kumasi, Tamale and Takoradi. He said that his office was resolute as the flagship anti-corruption agency of the Republic in delivering on its mandate of investigating corruption and corruption-related offences, prosecuting suspected offenders, recovering assets and taking steps to prevent corruption.
He appealed to the public to support his office execute its mandate to the fullest.
You can read the full text of Amidu and Agyebeng’s statement below
Kissi Agyebeng, The Special Prosecutor, Has Crossed the Redlines by Scandalizing the Administration of Just… by The Independent Ghana on Scribd
Media Briefing by Special Prosecutor, Kissi Agyebeng on 29 November 2023 by The Independent Ghana on Scribd