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Kwame Akuffo: Current Effort to impeach Special Prosecutor unconstitutional

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A private legal practitioner, Kwame Akuffo, has cast doubt on the possibility of impeaching the Special Prosecutor, Kissi Agyebeng.

In a write-up, the Mr Akuffo stated that it would be unconstitutional to remove Mr. Agyebeng from his post based on Article 146 of the 1992 constitution.

This comes after the former Special Prosecutor, Martin Amidu, in a petition, asked President Akufo-Addo to dismiss Mr. Agyebeng.

The petition, dated April 30, 2024, cites procurement irregularities in the acquisition of vehicles for the Office of the Special Prosecutor (OSP) and levels accusations of misconduct involving judges and the administration of justice at Mr. Agyebeng. The petition has been forwarded to the Chief Justice to establish a prima facie case.

But Mr Akfuffo in his write-up said “The fundamental question which arises for pertinent consideration is as to whether or not the the Special Prosecutor, is an Office holder whose conduct can be the subject matter of Impeachment, under Article 146 of the 1992 Constitution, on the basis of a reference by the President, under Section 15 of the Office of the Special Prosecutor Act, 2017(Act 959).

“I answer that question in the negative, for the simple reason that Article 146 of the 1992 Constitution, does not admit of the Office of the Special Prosecutor, as one where the Special Prosecutor is amenable to the Impeachment provisions under the said Article. Section 15 of the Office of the Special Prosecutor Act, 2017(Act 959), is an illegitimate tool, which cannot be deployed, to amend Article 146 of the 1992 Constitution and that, invariably, conduct pursuant to Section 15 (supra), is a violation of Articles 289 and 290 of the 1992 Constitution.

“By way of background, it is instructive to note that, the Office of the Special Prosecutor Act, 2017(Act 959) places the Office on almost the same pedestal as a Court of Appeal Judge, appointed under the 1992 Constitution.

“To that end, there is a need for us to question the validity of the reference by the President to the Chief Justice, for purposes of Impeachment Proceedings, against the Office of the Special Prosecutor. Perhaps, Parliament should legislate other methods for removal of the Special Prosecutor.

“It is respectfully submitted that, in conclusion, Section 15 of the Office of the Special Prosecutors Act, 2017(Act 959), is a violation of Articles 289 and 290 of the 1992 Constitution. It is a backdoor attempt to amend the Constitution, and the same is wholly unacceptable.”

The Chief Justice, Her Ladyship Justice Gertrude Torkornoo, on May 17, passed on the petition calling for the removal of the Special Prosecutor, Kissi Agyebeng, to him for his response.

This action followed the submission of a petition to the Chief Justice by President Akufo-Addo, seeking the removal of Special Prosecutor Kissi Agyebeng.

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