A prima facie case cannot be established without hearing from Kissi Agyebeng – Inusah Fuseini

A private legal practitioner and former Member of Parliament (MP) for the Tamale Central constituency, Inusah Fesueini, has justified the actions of Chief Justice Getrrude Korkornoo in requesting Special Prosecutor Kissi Agyebeng’s comments to establish whether or not a prima facie case has been made against the Special Prosecutor.

According to him, the Chief Justice is mandated under the law to establish whether a prima facie case has been made out but cannot do that without hearing Mr. Agyebeng’s initial comments on the allegations.

Speaking on 3FM’s Midday News on Friday, May 17, the former MP stated, among other things, that the most serious issue among the allegations raised by the petitioner, Martin Amidu, is the procurement breaches, if established to be true.

Additionally, Mr. Amidu alleges a violation of the right to information when he requested appointment letters and salary details of all OSP staff to be put on a pen drive for him, which Mr. Agyebeng refused.

“The Chief Justice is mandated under the law under Section 15 of the law to establish whether or not there is a prima facie case and the prima facie case cannot be determined if the Chief Justice doesn’t hear from the Special Prosecutor and that’s why the Chief Justice has [written to] the Special Prosecutor for the determination as to whether or not a prima facie case has been made out against the Special Prosecutor.”

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“Among the grievances raised against the Special Prosecutor by Martin Amidu I see the most serious being the breaches of the procurement act because his mandate under the law is to investigate corruption, corruption-related offenses and breaches of the procurement act,” he told Grace Hammond Agyemang, adding, “So if it is established that he breached provisions of the Public Procurement Act, then that is really serious.”

In a letter to Mr. Agyebeng dated Thursday, May 16, the Chief Justice requested his comments to help her ascertain if a prima facie case has been established.

The Chief Justice’s letter says that the comments of Mr. Kissi Ageybeng are to help establish a prima facie case or otherwise.

“This is to forward to you a copy of the petition dated 30th April 2024 sent to the Office of the President which was forwarded to the Office of the Honourable Lady Chief Justice on 6th May 2024. Kindly provide your comments on the matters raised to enable the Honourable Chief Justice to determine if a prima facie case has been made out.”

Martin Amidu, also a former Attorney-General, filed the petition against Kissi Agyebeng on the grounds of procurement breaches in the purchase of vehicles for the Office of the Special Prosecutor (OSP) and abuses involving judges and the administration of justice.

Meanwhile, human rights lawyer Martin Kpebu has accused President Nana Addo Dankwa Akufo-Addo of being behind the petition to get Special Prosecutor Kissi Agyebeng removed from office.

In the view of Kpebu, President Akufo-Addo is scared that Kissi Agyebeng would prosecute him after leaving.

The petition is an attempt to remove him to get a very malleable person into that office, the private legal practitioner noted.