Martin Amidu’s reasons for the removal of Kissi Agyebeng as SP scandalous – Edem Senanu 

The Co-Chair of the Citizens Movement Against Corruption, Edem Senanu, has described as scandalous the reasons given by former Special Prosecutor, Martin Amidu, for the removal of his successor, Kissi Agyebeng. 

According to Mr. Senanu, Amidu seems to be taking the fight against corruption in Ghana backward.

Speaking on Weekend Central with Grace Hamoah Agyemang, the anti-graft campaigner accused the former Special Prosecutor, who also once served as Attorney- General, of a wrong understanding and interpretation of the law governing the creation of the Office of Special Prosecutor.

“…in this case, unfortunately, it’s not just corruption fighting back. It’s Mr. Martin Amidu, and by the way, it now explains why we were so frustrated with him as Special Prosecutor because his interpretation of the law that was given is clearly being reflected here.

He is expecting the President to take certain actions. He is expecting that the Special Prosecutor can achieve things without doing any arrest or detention. He’s saying that the Special Prosecutor should not raise issues with our system, our justice, or the delivery system if it is not working. And that is what he would have done.

Unfortunately, that does not promote the best interest of this nation. And I think that Mr. Martin Amidu has unfortunately turned the tide back and turned the clock back with this particular petition, and it’s a real embarrassment to all of us in the anti-corruption space,” he explained.

He described the grounds given by Martin Amidu for Kissi Agyebeng’s removal as not substantive enough.

“I expect that with the Special Prosecutor’s response to the Chief Justice, she’ll find that there’s no prima facie case, honestly. I mean, Mr. Amidu talks about procurement breaches, and he attaches no evidence. He only attaches a request to the public procurement authority. I mean, how do you do that?

I expect that the Special Prosecutor’s responses to these issues raised should be substantive and sufficient for the Chief Justice to recognize that this is threading on slippery ground. It will set a very dangerous precedent. The evidence and the information provided are not substantive enough for it to merit somebody saying the removal of the Special Prosecutor’s job, especially given the role and the very unique role that that office will achieve for the people of this country,” Mr Senanu elaborated.

Background

The Chief Justice, Justice Gertrude Torkornoo, has written to the Special Prosecutor, Kissi Agyebeng, requesting his comments on the petition brought before her.

The Chief Justice has up to 30 days to determine if there is a prima facie case against the Special Prosecutor.

But in a letter dated May 16, 2024, the CJ is requesting the opinion of the Special Prosecutor to determine if there is a case for him to answer from the petition.

This comes after President Akufo-Addo remitted the petition for the removal of Kissi Agyebeng as Special Prosecutor to the Chief Justice for action to be taken on it.

Former special prosecutor Martin Amidu filed the petition demanding the removal of Kissi Agyebeng on the grounds of procurement breaches and abuse of judges, among other concerns raised in his petition.

What the law says about removal of Special Prosecutor 

Office of the Special Prosecutor Act, 2017 (ACT 959)
Removal of the special prosecutor
Section15. (1) The Special Prosecutor shall not be removed from office except for
(a) stated misbehaviour or incompetence;
(b) incapacity to perform the functions of the Office by reason of infirmity of body or mind;
(c) willful violation of the Official Oath or Oath of Secrecy; (d) conduct which
(i) brings or is likely to bring the Office of the Special Prosecutor into disrepute, ridicule or contempt; or
(ii) is prejudicial or inimical to the economy or security of the State.
(2) A person who seeks to remove the Special Prosecutor from office shall submit a petition to the President.
(3) Where the President receives a petition for the removal of the Special Prosecutor, the President shall within seven days refer the petition to the Chief Justice who shall, within thirty days, determine whether there is a prima facie case.

(4)Where the Chief Justice determines that there is a prima facie case, the Chief Justice shall within fourteen days set up a Committee consisting of
(a) a chairperson, who is a Justice of the Supreme Court,
(b) a lawyer of at least fifteen years standing at the Bar, and
(c) one other person with expertise in investigations.

(5) The Committee shall, within ninety days investigate the matter and make its recommendation to the President through the Chief Justice.
(6) The President shall act in accordance with the recommendations of the Committee.

BY: ISAAC KWASI AMEKOR