The Office of the President has received ten separate petitions seeking the removal of Special Prosecutor Kissi Agyebeng, as well as Electoral Commission Chairperson Jean Mensa and her two deputies.
According to Citi News sources, the petitions were submitted by private citizens alleging various forms of misconduct. The petitions against Kissi Agyebeng accuse him of incompetence and abuse of office.
The petitions are currently under review by the Chief Justice, Justice Paul Baffoe-Bonnie.
Under Section 16 of the Office of the Special Prosecutor Act 2017 (Act 959), any petition seeking the removal of the Special Prosecutor must first be assessed to determine whether it meets the constitutional threshold for further action. The Act stipulates that:
- Petitions for removal 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 30 days to determine if a prima facie case exists.
- If a prima facie case is established, the Chief Justice must, within 14 days, form a three-member committee consisting of: a Supreme Court Justice as chairperson, a lawyer with at least 15 years’ standing at the Bar, and an expert in investigations.
- The committee is required to investigate the matter within 90 days and submit recommendations to the President through the Chief Justice.
- The President is obligated to act based on the committee’s recommendations.
Kissi Agyebeng has served as Special Prosecutor since 2021, succeeding Ghana’s first Special Prosecutor, Martin Amidu. Public opinion remains divided on the office’s effectiveness. Supporters argue the OSP has enhanced accountability, while critics claim it has fallen short of its mandate.
For instance, in the Ofori-Atta extradition case, lawyer Martin Kpebu accused Agyebeng of “extreme incompetence” for allowing former Finance Minister Ken Ofori-Atta to leave Ghana while under investigation, arguing that this undermined the credibility of the OSP.
Lawyer Kweku Paintsil has also criticized the office for frequent press briefings, describing them as “highly unprofessional” and alleging that the Special Prosecutor is effectively conducting trials in the court of public opinion rather than through proper legal channels.
In 2023, an Accra High Court judge rebuked the OSP, stating that certain claims in its affidavits suggested the office was acting as if it had appellate jurisdiction over the court, calling it “a clear abuse of power.” Former Special Prosecutor Martin Amidu described Agyebeng as “pathologically dishonest” and “unfit” for the role, specifically criticizing his public statements on the Strategic Mobilisation Ghana Limited (SML) case.
The petitions against Electoral Commission Chairperson Jean Mensa and her deputies, Eric Bossman Asare and Samuel Tettey, focus on governance issues within the commission and the need for accountability at the highest levels.
