Project Director of the Democracy Project and Fellow at CDD-Ghana has argued that impeaching Special Prosecutor Kissi Agyebeng would undermine public trust in anti-corruption efforts.
Dr. John Osae-Kwapong suggested that alternative administrative remedies be used to resolve the allegations against Mr. Agyebeng.
“To remove the Special Prosecutor from office, it has to be egregious enough but if there are other administrative remedies to address some of the allegations levelled against him, let’s use them rather than first resorting to his removal from office.
“It doesn’t set a good precedent for the fight against corruption and deepens the already eroding public confidence in the fight against corruption,” he said.
Dr Osae-Kwapong expressed the opinion on Saturday during a discussion on an Accra-based television programme.
The discussion followed a petition filed by Martin Amidu, the immediate former Special Prosecutor, calling for Mr Agyebeng’s impeachment.
Mr. Amidu alleged in his petition to the President that the Special Prosecutor breached certain provisions of his office, necessitating his removal.
He accused Mr Agyebeng of procurement breaches in the purchase of vehicles for the Office of the Special Prosecutor, abuse of judges and the administration of justice, violation of citizens’ rights through arrests and detentions, violation of citizens’ right to information, and appointment of personnel to the office.
Dr. Osae-Kwapong doubted if Mr. Amidu’s allegations were sufficient grounds for impeachment.
“…as I look at some of the basis, I keep asking myself, do these rise to the level of an impeachable offence for which he must be removed from office?” he quizzed.
Madam Amanda Akuokor Clinton, a private legal practitioner and Head of Chambers at Clinton Consultancy, said that, aside from the alleged procurement breaches, Mr. Amidu’s other contentions were insufficient to warrant the Special Prosecutor’s impeachment.
“I think aside from the issue of procurement, Mr Amidu’s other allegations do not stand. According to the Special Prosecution Act 2017, the Special prosecutor can be removed for misconduct, incompetence, or actions that bring the office into disrepute,” she said.
The lawyer also disagreed with allegations that Mr Agyebeng abused judges, describing his comments about the judiciary as “measured” and simply an “academic assessment.”
She added it would be “a slippery slope” to remove the Special Prosecutor based on such an accusation.
“His removal would mean politicisation of his office and every future person that goes into the OSP will be persecuted potentially in such a similar way, irrespective of whichever government it is,” she said.
Mr Alhassan S. Suhuyini, Member of Parliament, Tamale North and Deputy Ranking Member, of the Lands and Forestry Committee, said Mr Amidu’s petition was simply an attempt to judge Mr. Agyebeng by his standards.
He said the petition for the Special Prosecutor’s removal was unrealistic and that the issues should be addressed through other means.
