The Office of the President has received 10 separate petitions calling for the removal of Special Prosecutor Kissi Agyebeng and Chairperson of the Electoral Commission Jean Mensa and her two deputies.
The petitions, according to Citi News sources, were submitted by private citizens alleging various forms of misconduct.
The Special Prosecutor Kissi Agyebeng, in the petitions, is accused of incompetence and abuse of office.
The petitions are currently before the Chief Justice, Justice Paul Baffoe-Bonnie.
Under Section 16 of the Office of the Special Prosecutor Act 2017 (Act 959), any petition for the removal of the Special Prosecutor must be evaluated to determine whether it meets the constitutional threshold for further action.
The Act also provides that
1. A person seeking the removal of the Special Prosecutor shall submit a petition to the President.
2. Upon receiving a petition, the President is required, within seven days, to refer it to the Chief Justice, who must, in turn, within 30 days, determine whether a prima facie case has been established.
3. If a prima facie case is found, the Chief Justice must, within 14 days, constitute a three-member committee comprising: A chairperson who is a Justice of the Supreme Court; A lawyer of at least 15 years’ standing at the Bar; and one other person with expertise in investigations.
4. The Committee is then mandated to investigate the matter within 90 days and submit its recommendations to the President through the Chief Justice.
5. The President is bound to act in accordance with the Committee’s recommendations.
Kissi Agyebeng has served as Special Prosecutor since 2021, succeeding Martin Amidu, Ghana’s first Special Prosecutor.
Opinions remain divided on the effectiveness of the Office. While some argue that the OSP has introduced a necessary layer of accountability in public life, others contend that the institution has fallen short of its mandate.
For example, in the Ofori-Atta extradition case, Legal practitioner Martin Kpebu accused Agyebeng of “extreme incompetence” for allowing former Finance Minister Ken Ofori-Atta to leave Ghana while under investigation, suggesting this inaction undermines the credibility of the OSP.
Also, Lawyer Kweku Paintsil has recently criticized the OSP’s frequent press briefings, calling them “highly unprofessional” and accusing the Special Prosecutor of effectively conducting trials in the court of public opinion rather than through the formal legal process.
In 2023, an Accra High Court judge rebuked the OSP, stating that by making certain claims in its affidavits, the office acted as if it had appellate jurisdiction over the court, a “clear abuse of power,” according to the judge.
Also, Special Prosecutor Martin Amidu described Agyebeng as “pathologically dishonest” and “unfit” for his role, specifically criticizing his public statements about the Strategic Mobilisation Ghana Limited (SML) case.
The petitions for the removal of the Chairperson Jean Mensa and her two deputies, Eric Bossman Asare and Samuel Tettey, centered on how the commission was run and the need for accountability at the highest levels.
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