The Chief Justice, Gertrude Torkornoo, has dismissed a petition by former Special Prosecutor Martin Alamisi Amidu which sought to remove his successor from office over allegations of procurement and human rights breaches.
Information available indicates that the Chief Justice after a careful consideration of the petition came to the conclusion that the factual and legal foundation of the petition fell short of the standard required to establish a prima facie case for the removal of Kissi Agyebeng as the Special Prosecutor (SP).
Mr. Amidu’s petition, which was sent to President Akufo-Addo on April 30, 2024, accused Mr. Agyebeng of flouting procurement laws in the purchase of vehicles for the Office of the Special Prosecutor (OSP) and Mr. Agyebeng’s alleged abuse of judges and the administration of justice in the country.
Mr. Amidu, in his petition, accused the Special Prosecutor of allegedly violating the rights of some citizens through their arrests and detentions, violations of the right to information, and improper appointments of some staff at the OSP.
President Akufo-Addo has, in accordance with the 1992 Constitution, forwarded the petition to the Chief Justice on May 6, 2024, for evaluation and possible action.
The Chief Justice subsequently wrote to Mr. Agyebeng, asking him to respond to the allegations contained in the petition which had been forwarded to her office.
But Justice Torkornoo, after a review of the petition and the response, came to the conclusion that “In accordance with section 15 (3) of the Office of the Special Prosecutor Act, 2017, the Chief Justice determined that the factual and legal foundation of the petition fall short of the standard required to establish a prima facie case for the removal of the Special Prosecutor.”
Petition
Inaugural Special Prosecutor, Martin Amidu, in his petition to the President had accused Mr. Agyebeng of breaching procurement laws in the purchase of vehicles for his office as well as appointment of personnel for the OSP.
The allegations also included violations of the rights of certain individuals, including Cecilia Dapaah, former Minister for Sanitation and Water Resources as well as Prof. Frimpong Boateng, who were arrested and detained by the OSP for various alleged corruption and corruption-related offences.
The petition also accused the Special Prosecutor of abusing judges in the country after his explosive interview in which he alleged that it appeared judges have ganged up against the fight against corruption in Ghana.
Mr. Agyebeng during a press briefing in November 2023, suggested that it appeared judges have ganged up against the OSP by issuing regressive and dismissive judicial decisions in respect of cases involving the OSP.
“…There appears to be a developing trend of rather regressive and dismissive judicial decisions in respect of cases involving the OSP, with troubling consequences. And it seems to us that a careful examination of these outcomes portends a disturbing spectre that the fight against corruption is being hampered to the disbenefit of us all,” he said at the press briefing.
According to sources, this press briefing is one of the complaints Mr. Amidu touched on in his petition to the President as ground for impeaching Mr. Agyebeng.
Again, Mr. Amidu has alleged a breach of the Right to Information when Mr. Agyebeng requested appointment letters and salary details of all staff of the OSP to be put on a pen drive for him.
BY Gibril Abdul Razak