Special Prosector Kisi Agyabeng asked to respond to allegations against him

By Daniel Nonor

The Chief Justice Lady  Justice Gertrude Sarkey Torkornu has requested the Special Prosecutor, Kisi Agyabeng,to respond to allegations leveled against him by Martin Amidu in a petition to the President for his removal from office.

In a letter dated May 15, 2024, the Chief Justice  acknowledged a receipt of the petition instituting the  impeachment proceedings from the Office  of the President on May 6, 2024 .

The Chief Justice has thus asked Mr Agyabeng to respond to the matters raised  against in the petition.  

“Kindly provide your comments to the matters raised to enable the Honourable  Chief Justice determine if a Prima facie case has been made out” the letter to from the office of the Chief Justice to Mr Agyabeng noted .  

Mr Martin Amidu a former Special Prosector is invoking Section 15 of the Office of the Special Prosector Act to impeach the Mr Agyabeng .

Mr Amidu believes the Special Prosector has grossly violated certain provisions of his office which necessitates his removal from office.

Mr. Amidu has accused Mr. Agyabeng of several violations, including:

– Abuse of citizens’ right to information,

– Unlawful arrests and detentions,

– Misuse of judicial processes,

– Procurement breaches,

– Improper appointments.

section 15 of the Office of the Special Prosecutor Act    outlines the conditions and procedures for the removal of the Special Prosecutor.

The Act stipulates that the Special Prosecutor can only be removed for:

1. Stated misbehavior or incompetence;

2. Incapacity to perform duties due to physical or mental infirmity;

3. Willful violation of the Official Oath or Oath of Secrecy;

4. Conduct that:

   – Brings or is likely to bring the Office into disrepute, ridicule, or contempt;

   – Is prejudicial or harmful to the economy or security of the State.

To initiate removal, a petition must be submitted to the President. Upon receipt, the President must refer the petition to the Chief Justice within seven days. The Chief Justice then has thirty days to determine if a prima facie case exists. If such a case is established, a committee is formed within fourteen days, comprising:

– A Supreme Court Justice as chairperson,

– A lawyer with at least fifteen years of experience,

– One expert in investigations.

This committee has ninety days to investigate and make recommendations to the President via the Chief Justice, after which the President acts accordingly.