Senior Vice President of IMANI Africa, Kofi Bentil, has emphasised that citizens cannot be criminally prosecuted for failing to substantiate allegations made against public office holders.
Speaking on Joy FM’s Midday News on Thursday, December 4, regarding tensions between the Office of the Special Prosecutor (OSP) and private legal practitioner Martin Kpebu, Bentil noted that claims against public officials should be addressed through proper channels, not intimidation.
“Somebody has alleged a number of things against the OSP. Whoever has to hear those allegations must ask for proof. It must be noted that when you make allegations against a public officer, it is not a crime. If you can’t prove it, it simply means the person you made the allegations against will go free,” he stated.
He added that if Special Prosecutor Kissi Agyebeng believes he has been defamed, the appropriate recourse is civil litigation. “If they think they have been defamed, they can take you on. But it is not a crime to make an allegation, even a false one,” Bentil explained. “It is just not good enough that people rise up and make allegations, but that still does not make it criminal.”
Bentil also criticised the OSP for what he described as an unnecessarily aggressive approach toward citizens who comment on or criticise the office. “The OSP should not take umbrage and put a citizen through all kinds of stress simply because the person believes they have made allegations against them,” he cautioned.
He concluded by noting that some believe the OSP itself may not be the ideal body to investigate allegations against Mr. Agyebeng, adding, “all that being said, let’s see how this plays out.”
