Speaking to journalists at the Government Accountability Series in Accra on Wednesday, Mr. Kwakye Ofosu explained that President John Mahama has fulfilled his constitutional duty by forwarding the petitions and will not play any further role unless required after the Chief Justice’s review.

“Unlike petitions against the Chief Justice, the President’s mandate regarding petitions against the Special Prosecutor and the Electoral Commissioner and her two deputies ends with conveying them to the appropriate authority—in this case, the Chief Justice. That was done a couple of weeks ago,” he stated.

He further noted that the ten petitions are divided between the EC leadership and the Special Prosecutor: seven target the Electoral Commissioner and her deputies, while three are directed at the Special Prosecutor.

“The President has no role beyond that. The Chief Justice’s office may be in a better position to comment. The President will be called upon to act only after the Chief Justice has determined whether a prima facie case exists,” he added.

The petitions, submitted by individuals and civil society groups, accuse the EC Chair and her deputies of accountability and administrative lapses, while the complaints against the Special Prosecutor cite alleged incompetence and abuse of office.

Under Section 16 of the Office of the Special Prosecutor Act, 2017 (Act 959), petitions seeking the removal of a Special Prosecutor must be sent by the President to the Chief Justice within seven days.

The Chief Justice then has 30 days to determine whether a prima facie case exists. If established, a three-member committee is empanelled to investigate and submit recommendations to the President.

The Chief Justice’s decision will determine whether the petitions warrant further inquiry before any subsequent constitutional steps are taken.

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He made the remarks during an interview on JoyPrime.

Explaining why he decided to challenge the Special Prosecutor, Mr Kpebu told JoyPrime:

“I like to be blunt. I took him on because of the stories I heard about corruption against him, and I have presented my petition.”

He outlined the legal timeline for the petition, adding:

“By law, the Chief Justice must make a decision within 30 days of receiving the petition. I presented it on December 11. The president had seven days to present it, so when I calculated it, by December 17, the Chief Justice should have received it,” he explained.

Offering his personal assessment of Mr Agyebeng, he said: “He is not fit for office; I will be very blunt. We will find a new candidate, people will show interest, and then we will scrutinise it.”

Mr Kpebu also raised concerns about the Special Prosecutor’s previous professional affiliations, noting: “Kissi Agyebeng worked for Ofori Atta, worked for Gabby Okyere Darko—these are the president’s relations. So you can see that obviously he was brought there to cover things for them, do a cover-up, and he did it in the SML case,” he said.

He further detailed what he described as collusion in the SML case: “Can you imagine, in the SML case, Ofori Atta left Ghana before they started investigating it. Manasseh was able to get the diary of action that shows when investigations started, and it shows January 29, 2025. But by that time, Ofori Atta had already left.

Even before seeing the diary of action, I had started saying that I see collusion—that Kissi Agyebeng allowed Ofori Atta to flee. Eventually, he came to confess, either on the KSM interview, where he said before Ofori Atta travelled, he intercepted the letter Ofori Atta wrote. That he went to NIB—he didn’t get the help he wanted to stop Ofori Atta,” Mr Kpebu said.

On his efforts to verify these claims with government agencies, he told JoyPrime: “I wrote to NIB. They replied that no, Kissi never came there. Then he said he went to National Security to get help—they didn’t help him. I wrote to National Security; they also replied in the negative. My letter is with Immigration; I believe they will reply soon, and I believe it will be no,” he explained.

Summarising his position on the Special Prosecutor, he remarked: “So, quite clearly, Kissi was brought there to do a hatchet job, generally to cover the Akufo-Addo government’s corruption. He is too conflicted, too—too conflicted,” Mr Kpebu said.

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The announcement comes after Sammy Darko, Director of Research, Communications, and Strategy at the Office of the Special Prosecutor (OSP), made the allegations on Newsfile on Saturday, December 6, amid mounting public pressure on the OSP to deliver on its mandate.

Mr. Darko also alleged that he was handcuffed and assaulted by 17 police officers during the incidents.

In a statement, the Ministry described the claims as highly concerning, noting that verified threats against officials of accountability institutions pose a serious risk to national anti-corruption efforts, which the government has vowed to strengthen.

Preliminary discussions with Mr. Agyebeng suggest that the alleged assassination attempts occurred before 2025. However, officials indicate there is no record of any such threats being reported at police stations or state security agencies.

In response, the Minister for the Interior has issued two directives:

1. A comprehensive investigation into the alleged assassination attempts, underscoring that “crime does not expire.”
2. A separate inquiry into Mr. Darko’s claim that he was handcuffed and beaten by 17 police personnel.

“The Ministry of Interior reiterates its commitment to protecting all lives and property, ensuring that every Ghanaian can conduct lawful activities without fear for their safety,” the statement concluded.

The Ministry also pledged to keep the public informed of the investigations’ outcomes and any actions to be taken.

Speaking on JoyNews’ Newsfile on Saturday, December 6, Mr Darko responded to criticisms and petitions raised by Manasseh, particularly concerning an investigation into Strategic Mobilisation Ghana Limited (SML).

“What I think Manasseh is not getting is because he wants the OSP to host the trial in the open, but we have consistently stated this is a very sensitive case that has taken us almost two years to complete. These are not things we can put out there. SML lawyers are listening; every time they are sponsoring things in the media, they are paying attention to some of these matters,” he said.

He defended the OSP’s public claims, including the figure of $2.7 billion cited in the SML case, explaining the rationale behind it.

“In criminal investigations and trials, there are certain things you can’t just be talking about, but we were putting out the figure of 2.7 billion to say that even if the contract had continued, they were going to earn more. So that’s about that one,” Darko added.

Addressing Manasseh’s assertions about the timing of the OSP’s investigation, he said: “I don’t know how difficult it is, and the other one is, I’ve been wondering what it is that Manasseh is seeking. You’ve brought an investigative report, and we have taken the work and acted—with eight people, including Ken Ofori-Atta and others charged. Now your predicament is that we started the investigation late, and you have given a date and claim to have a diary of action, which I cannot confirm or deny. But one thing is clear: he can’t do the job better than the Special Prosecutor.”

Mr Darko emphasised that the OSP’s work is guided by law and institutional procedures, not external pressures.

“The OSP is structured to handle these matters professionally, and there is a process in place. Constructive feedback is welcome, but it must recognise the limits of individual capability versus the office’s statutory authority,” he said.

Speaking on Newsfile on Saturday, December 6, Sammy Darko, the Director of Research, Communications and Strategy at the OSP, made the disclosure amid growing public pressure on the office, with some Ghanaians claiming that the OSP has not delivered the expected results.

“The Special Prosecutor has survived two assassination attempts. Myself, I have been dragged out of my official vehicle and beaten by 17 policemen,” Mr Darko stated.

He insisted that the OSP engages in a serious and often dangerous job that places its officials at risk, particularly in high-stakes investigations involving powerful figures.

“People need to understand the gravity of what we are doing. This is not an office that works behind a desk; we face real threats every day in the course of our duties,” he added.

Darko also addressed critics who question the pace or outcomes of the OSP’s investigations. He argued that the nature of the work involves sensitive and high-risk cases that require discretion and caution.

“Some citizens are quick to judge, claiming that we haven’t delivered. They don’t realise that in criminal investigations, especially those involving influential actors, there are threats and dangers that are not visible to the public,” he said.

The revelation comes amid ongoing debates in Ghana over the effectiveness and independence of the OSP, with journalists, lawyers, and civil society groups closely scrutinising the office’s handling of major cases.

In Parliament on Thursday, some lawmakers argued that the OSP should be scrapped because they had not seen the usefulness of the office despite substantial annual budgetary allocations.

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According to him, the Office of the Special Prosecutor (OSP) is a public institution and not the personal domain of its leadership.

His call comes in the wake of a protest in Accra on Tuesday, November 25, over Mr Agyebeng’s failure to repatriate former Finance Minister Ken Ofori-Atta to face corruption charges brought by the OSP.

Speaking on Joy News’ The Pulse on Wednesday, November 26, Mr Kpebu argued that “Sammy Darko (OSP’s Director of Strategy, Research and Communications), Kissi Agyebeng and Mr Akurugu (Director of Asset Recovery and Management), you are going, we have caught you hands down, there is no way you can keep this office, it is not your personal property.

“You have lost credibility, your integrity is scattered, you are gone,” he stressed.

Removal process

The Act establishes the Office of the Special Prosecutor to investigate and prosecute corruption cases, and recover proceeds of corruption.

The removal of a Special Prosecutor in Ghana will follow a process initiated by a petition to the President, who must refer it to the Chief Justice within seven days.

The Chief Justice then determines if there is a prima facie case within 30 days, and if so, sets up a committee to investigate and make a recommendation to the President within 90 days.

The President is then required to act according to the committee’s recommendation.

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“Currently, there are about 15 petitions for the removal of the Special Prosecutor,” he said on JoyNews’ Newsfile on Saturday, while discussing the ongoing scandal involving former Finance Minister Ken Ofori-Atta, and expressed concern over how the Special Prosecutor is handling the case.

Watch the full conversation in the video below;

Addressing a press conference, Special Prosecutor Kissi Agyebeng revealed that the GRA, despite being the country’s central tax collection agency, failed to withhold statutory taxes amounting to GH₵13.38 million on payments made to SML.

He noted that although the GRA later corrected the tax shortfall on July 24, 2024, a substantial penalty of GH₵18.8 million remains unpaid.

“A central issue arising from the automatic payments by GRA to SML in respect of the downstream petroleum audit is that GRA, the central tax authority, failed to deduct statutory taxes totalling GH₵13,380,000.00,” Mr Agyebeng stated.

In addition to the outstanding penalty, the OSP’s report also cited an unpaid Pay-As-You-Earn (PAYE) tax liability of GH₵346,967.53 owed by SML.

These findings form part of the OSP’s ongoing investigation into contracts involving the Ministry of Finance, the GRA, and SML, which have already revealed multiple breaches of procurement, tax, and public financial management regulations.

The OSP emphasised that such lapses by the GRA raise serious concerns about internal compliance and accountability within Ghana’s revenue administration system.

Source: Adomonline

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Addressing a press conference on Thursday, October 30, Mr. Agyebeng said investigations by the Office of the Special Prosecutor (OSP) uncovered serious statutory breaches, conflicts of interest, and unjustified payments linked to the SML contracts.

“There was no genuine need for contracting SML for the work it purported to perform,” he stated, describing the agreements as “blighted by statutory breaches.” He added that the company lacked both the infrastructure and professional capacity to execute the assigned tasks.

The Special Prosecutor also noted that the GRA failed to submit full agreements between SML and its third-party collaborators, undermining transparency and accountability in the procurement process.

Mr. Agyebeng alleged that the entire arrangement was driven by “self-serving official patronage, sponsorship, and promotions based on false and unverified claims.” He named former Finance Minister Ken Ofori-Atta as “the chief patron, supporter, and promoter” of the SML deal, asserting that both Ofori-Atta and the company’s management “were criminally minded in their operations.”

The probe concluded that payments made to SML were unjustified and represented a misuse of public funds, as the contract was not based on any genuine operational need.

These revelations mark a major development in the ongoing investigation into the SML–GRA contract, which has drawn widespread scrutiny over alleged procurement irregularities, conflicts of interest, and lack of value for money.

Dr Aidoo expressed frustration over the ineffectiveness of the OSP and advised the anti-graft body to adopt a different approach in the fight against corruption in an exclusive interview on the Thursday, July 17 edition of JoyNews.

“So far, you’ve had the Attorney General in quest for transparency, coming out to reveal steps that he is taking to bring certain persons to book. But so far, we haven’t seen any prosecution yet, and I don’t trust the Special Prosecutor. He talks big, he talks small, and he doesn’t know what he is doing.”

He continued, “He is a shame; is he protecting them? Look at the mess he made with the Cecilia Dapaah case. He has never succeeded in any prosecution on corruption, so what are we paying him for?”

He criticised the OSP’s failure to build solid cases, suggesting this is why prosecutions are not going anywhere.

“If you build up your case, the judges will not ignore your evidence. But if you fail to present convincing evidence, then that is what you are going to get from the judgment. I don’t think he is building his cases well; he talks too much.”

“I will advise him to talk less and do more,” he said.

The Office of the Special Prosecutor (OSP) in Ghana is a specialised, independent anti-corruption agency established by an Act of Parliament, the Office of the Special Prosecutor Act, 2017 (Act 959).

The OSP is fortified with specialised powers, including intelligence gathering, surveillance, counter-surveillance, and police functions, making it a comprehensive anti-graft agency. Its vision is to render corruption costly and unattractive in all its forms in both the public and private sectors through sustained repression and suppression.

It was created as a flagship institution to specifically address the shortcomings of existing anti-corruption bodies and provide a more robust and comprehensive approach to combating corruption in the country.

The OSP has a multi-faceted mandate with four primary functions:

1. Investigation: The OSP is tasked with investigating specific cases of alleged or suspected corruption and corruption-related offences. This includes cases involving:
   • Public officers and persons entrusted with prominent public functions in Ghana or abroad.
   • Politically Exposed Persons (PEPs), such as senior political party officials, government officials, judicial officials, and military officials.
   • Executives of state-owned companies.
   • Private sector actors involved in corruption. The OSP can initiate investigations on its own or act on referrals from Parliament, the Auditor-General, CHRAJ, EOCO, other public bodies, or complaints from private entities and individuals.
2. Prosecution: The OSP is mandated to prosecute offenders involved in corruption and corruption-related offences. While its prosecutorial power is derived from the Attorney General, it is secured by law and exercised without specific reference to the Attorney General, ensuring its operational independence in this regard. This makes it unique among Ghana’s anti-corruption agencies.
3. Asset Recovery and Management: The OSP is empowered to trace, freeze, confiscate, and manage the proceeds of corruption and corruption-related offences. This function aims to disgorge illicit and unexplained wealth, making corruption less attractive.
4. Prevention: The OSP is also required to take steps to prevent corruption. This includes engaging in public awareness campaigns, advocating for policy reforms, and collaborating with other anti-corruption institutions and civil society organisations to promote transparency, accountability, and probity.

Some achievements of the OSP

Since its establishment, the OSP has faced significant challenges, including initial setup delays, resource constraints, and legal challenges to its powers.

However, it has made several notable achievements and impacts:

• Prosecutions and Convictions: The OSP has initiated several prosecutions against high-profile individuals implicated in corruption and corruption-related offences. As of reports from 2025, the OSP has achieved seven convictions in cases it has prosecuted.
• Asset Recovery and Savings:
  • The OSP has successfully recovered over GHS 4 million in proceeds of corruption.
  • Through its vigilant and pre-emptive measures, it has achieved savings of over GHS 135 million by preventing corrupt activities.
  • It has also been involved in suspending transactions totalling over GHS 283 million where corruption was suspected.
• High-Profile Investigations and Referrals: The OSP has undertaken investigations into several high-profile cases involving politically exposed persons and significant public funds. While not all have resulted in convictions, the OSP’s investigations have brought public scrutiny to:
  • The case involving former Minister for Sanitation Cecilia Abena Dapaah, though the OSP referred it to EOCO for suspected money laundering after its initial probe found no direct evidence of corruption.
  • Revenue Assurance Contracts, including examining agreements between Strategic Mobilisation Ghana Limited (SML) and the Ghana Revenue Authority (GRA).
  • The National Cathedral Project, scrutinising procurement processes and financial transactions.
  • Ambulance Procurement contracts.
  • Allegations related to illegal mining, including charges filed against Charles Bissue, former Secretary of the Inter-Ministerial Committee on Illegal Mining (IMCIM).
  • Investigations into the banking and financial sector crisis that led to the collapse of some banks and financial institutions.
  • Cases of alleged vote-buying and vote-selling during elections.
• Preventive Measures and Public Sensitisation:
  • The OSP has actively engaged in corruption prevention through initiatives like the “Youth Against Corruption Initiative”, sensitising over 6 million people. This programme aims to instil values of honesty, integrity, and accountability in young people.
  • It has advocated for reforms, such as calling for sweeping changes to Ghana’s political party financing laws to ensure electoral integrity.
  • The OSP has also partnered with civil society organisations and media houses to train journalists on reporting corruption cases, enhancing public understanding and oversight.
• Inter-Agency Collaboration: The OSP has actively sought to deepen collaboration with other anti-corruption institutions like the Commission on Human Rights and Administrative Justice (CHRAJ), the Financial Intelligence Centre, and the Auditor-General, recognising that a unified approach is crucial to closing loopholes for corrupt individuals.

The OSP continues to be a central institution in Ghana’s fight against corruption, constantly working to establish a deterrent effect and promote greater accountability in the public and private sectors.

Source: Myjoyonline.com

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In a suit filed at the Human Rights Division of the High Court, Deputy Staff Officer (DSP) Mark Kwaku Asiedu-Arthur is challenging the withdrawal of his appointment, citing a violation of his fundamental human rights.

Prior to joining the OSP in 2023, Asiedu-Arthur worked with the National Intelligence Bureau (NIB), where his appointment was terminated in 2016. He claims this information was fully disclosed during his OSP job interview before he was hired as an investigator.

According to him, after serving a one-week suspension in connection with an ongoing investigation, he was not given the opportunity to appear before any disciplinary committee before his appointment was terminated in June 2025.

He argued that the OSP’s withdrawal letter, which claimed it only became aware in 2025 of his dismissal from the NIB in 2016 and thus found him ineligible for employment, was disingenuous. He maintains that this fact had already been disclosed during his recruitment.

Asiedu-Arthur contends that having been aware of his prior dismissal and still choosing to employ and later confirm him, the OSP cannot now rely on the same fact to justify revoking his appointment. He said he was denied the right to be heard.

“The decision of the OSP to rely on a known and previously accepted fact to now justify the withdrawal of my appointment is an abuse of discretion and a violation of my rights,” he argued.

“I am advised by counsel and verily believe same to be true that a public institution cannot rely on its own inaction or oversight as a ground to deprive an individual of employment or protection under the law.”

He added that the OSP’s actions had caused him grave injustice and irreparable harm to his professional reputation.

Reliefs Sought

Asiedu-Arthur is asking the court to declare that the OSP’s withdrawal of his appointment without a hearing—and based on previously disclosed information—is unfair, unreasonable, and in breach of Article 23 of the 1992 Constitution.

He is also seeking:

• A declaration that the withdrawal violated his right to a fair hearing and administrative justice.

• An order for reinstatement or, alternatively, payment of a lump sum as compensation.

• Further compensation for the violation of his rights.

His writ was filed by his lawyer, Derrick Aboagye Asamoah.

Background

In the court documents, the applicant said he was offered employment by the OSP on July 31, 2023, after fully disclosing his prior termination from the NIB. During his 12-month probation, he was assigned to investigate several cases, including one involving the Scholarship Secretariat, which led to the arrest of suspects and the collection of evidence.

Asiedu-Arthur alleged that his investigative team was preparing to arrest former CEO of the Scholarship Secretariat, Kingsley Agyemang, whom he claimed was a close friend of the Special Prosecutor, Kissi Agyebeng.

He further alleged that in October 2024, the Special Prosecutor instructed him to discontinue investigations involving Mr. Agyemang, who was then a parliamentary candidate for Abuakwa South, to avoid harming his political ambitions.

Following this, Asiedu-Arthur claimed he began facing victimisation, although his appointment was confirmed on October 1, 2024.

He later became the subject of a petition alleging he held another job under the name Michael Ebbah and was earning income without the SP’s approval. He said the petitioner mistook him for someone else and provided false details, which the OSP later verified.

In June 2025, he said he was interdicted shortly after calling the OSP to request charge statements in the Scholarship Secretariat case. He contends he was never granted a hearing before the OSP terminated his appointment, again citing his past dismissal from the NIB as grounds.

Source: Graphic.com.gh

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He made the statement during a high-level conference in Accra on Friday, 6th June, themed “Revitalising the Anti-Corruption Architecture in Africa: Ghana’s Accountability Journey.”

Mr Agyebeng underscored the distinctiveness of the OSP, describing it as a “unique and never-before-seen remedy” created specifically to address persistent failings in the country’s traditional anti-corruption systems.

“The OSP model represents our best bet in tackling corruption. It is a unique and never-before-seen remedy designed to cure the inadequacies of the traditional methods we have previously adopted,” he stated.

He explained that the OSP framework marks a significant shift from past approaches, offering a more robust and legally grounded structure.

Highlighting the office’s autonomy, Mr Agyebeng said the OSP is fully empowered to independently initiate and carry out investigations, unlike previous institutions that lacked such enforcement authority.

He added that the OSP has full control over initiating investigations and prosecuting criminal cases, ensuring transparency and fairness in its operations.

Significantly, he emphasised the OSP’s mandate to pursue cases involving both the public and private sectors, including politically exposed persons.

“For the first time in our history, the OSP model forcefully carries the fight against corruption not only in the province of public officers and public life, but also among politically exposed persons and persons in the private sector,” he said.

In addition, the Office has re-listed the embattled former minister on its list of wanted persons and officially declared him a fugitive from justice.

Mr. Agyebeng declared that the OSP will deploy all legal means to secure Ofori-Atta’s return to Ghana.

He stated that the office will prefer criminal charges against Mr. Ofori-Atta in due course, either in absentia or otherwise.

Through his lawyers, Mr. Ofori-Atta in a letter dated May 28, 2025, informed the OSP that he has been diagnosed with cancer and will be unable to meet the June 2, 2025 deadline.

However, Mr. Agyebeng, has described Mr. Ofori-Atta’s behaviour is unacceptable.

“Mr. Ofori-Atta’s conduct is totally unacceptable and a baleful spite at law enforcement and criminal investigation. It ends here, it ends today. We will no longer accommodate him,” he said.

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Addressing a Constitutional Review Committee forum, Mr. Agyebeng rejected what he termed “misguided” calls to abolish the OSP and reassign its functions to CHRAJ.

Several individuals have criticised the OSP, claiming that it duplicates the functions of the Attorney General and other investigative bodies.

This includes an Economist with the University for Development Studies (UDS), Dr. Michael Ayamga Adongo, who argues that the OSP is making a mockery of fighting corruption and corruption-related offences.

Again, the Chairman of the ruling National Democratic Congress (NDC), Johnson Asiedu Nketiah, argues that the Office of the Special Prosecutor should be scrapped because he believes the anti-corruption body has been ineffective.

However, Mr. Agyebeng holds a different view.

“I’ve heard suggestions that CHRAJ should be given this mandate. Plainly speaking, that won’t work. Let CHRAJ focus on its human rights mandate while we establish the OSP constitutionally as the lead institution for anti-corruption efforts,” he stated.

Mr. Agyebeng warned that dismantling the OSP would significantly undermine Ghana’s anti-corruption progress.

He explained that the current arrangement, where the OSP focuses on corruption, CHRAJ deals with human rights, and the Economic and Organised Crime Office (EOCO) tackles economic crimes, has proven effective since the OSP began operations in 2018.

“Under this system, CHRAJ collaborates closely with the OSP, while both institutions work with EOCO as it focuses on economic crimes,” Mr. Agyebeng explained. “Our experience since 2018 demonstrates that this arrangement works effectively.”

The OSP was established in 2018 as the gold standard and flagship specialised independent anti-corruption institution in Ghana in pursuance of the United Nations Convention Against Corruption (UNCAC).

The OSP has the objective of investigating and prosecuting specific cases of alleged or suspected corruption and corruption-related offences in the public and private sectors, recovering the proceeds of such acts by disgorging illicit and unexplained wealth, and taking steps to prevent corruption.

As of Monday, April 28, the OSP stated on its website that it had achieved four prosecutions, recovered over GHS 3 million, and saved the country over GHS 135 million.

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Speaking at the Constitution Day Public Lecture on the theme “A Few Good Men: Suppressing and Repressing Corruption and State Capture in Aid of Development,” Mr. Agyebeng pointed out a paradox in the nation’s response to anti-corruption measures.

While there is broad agreement on the need to tackle corruption, certain factions actively undermine the Office of the Special Prosecutor (OSP) and its mandate.

“There have been attempts to discredit the principles of the office and its officers, unjustly attended by formidable resistance and pushback,” he noted, adding that these attacks often come from individuals facing investigations or prosecution.

Agyebeng described the situation as a “curious cycle,” where the public protests both when the OSP takes action and when it is perceived as inactive.

“There is an outcry when the OSP acts and an outcry when it is seen as not acting. It is as if we do not know what we want. The situation in Ghana now appears to be, ‘We must fight corruption, but we must not fight corruption.’ That is our state now,” he said.

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According to him, a person cannot be declared a fugitive when no formal charges have been filed against them.

In an interview on Adom FM’s Kasiebo Is Tasty during the midday news, he downplayed Mr. Agyebeng’s efficiency, lamenting his failure to conclusively prosecute any case since his appointment.

“He is more of a media person. He is not a serious practitioner. He only wanted to seek five minutes of media publicity,” he fumed.

Adofo expressed surprise over the declaration, arguing that Mr. Ofori-Atta had no reason to abandon his resources and assets to flee Ghana.

“I am surprised because there have been no formal charges, so why declare him wanted? You wrote to him, and if he is yet to honor the invitation, why take this step? He can come and tell you he has nothing to say—what can you do?” he quizzed.

He also criticized Mr. Agyebeng’s frequent press conferences, calling them a publicity stunt.

“This has always been the way of the OSP. The same thing happened with Charles Bissue, Col. Damoah (Rtd.), and even Cecilia Dapaah, whose house was found with millions. How did it end? He always declares people wanted, but what case has he prosecuted to the end?” he queried.

At a press conference on Wednesday, Mr. Agyebeng declared the former Minister a fugitive of justice, labeling him a suspect in four high-profile corruption investigations.

He stated that Mr. Ofori-Atta, who is reportedly in the United States for medical treatment, must return to Ghana immediately for interrogation.

Mr. Agyebeng further disclosed that the former Minister’s lawyers had expressed uncertainty about his return date but warned that failure to comply would lead to steps being taken to compel his return.

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According to him, the Special Prosecutor is being used for political purposes and has failed the nation.

“If I were in the shoes of the Special Prosecutor, I would be the first person, in good conscience, to resign,” Ansa-Asare stated in an interview on JoyNews’ The Pulse on Wednesday, February 12.

His comment is in response to Special Prosecutor Kissi Agyebeng’s declaration of former Finance Minister Ken Ofori-Atta as a fugitive in connection with financial loss to the state.

The former Director of the Ghana School of Law described Mr. Agyebeng’s recent actions as reprehensible, arguing that the Special Prosecutor lacks the independence to make decisions on his own.

When asked who was influencing the Special Prosecutor, Mr. Ansa-Asare responded, “Somebody is using him. We should stop this kind of politics. Who influences people in this country? Is it not those at the helm of affairs?”

He further criticized the OSP’s decision to declare the former Finance Minister a fugitive, stating that the move contradicts the fundamental principles of the criminal justice system.

“By himself, the Special Prosecutor would not do what he has done—he is spineless. He knows that until a person’s guilt is proven, he is innocent. An innocent person cannot be declared a wanted citizen running away from justice and be hounded out and brought back to Ghana in handcuffs.”

Mr. Ansa-Asare emphasized that power over the criminal justice system ultimately resides in the people and urged Ghanaians to scrutinize how justice is administered in the country.

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Mr Agyebeng disclosed this at a press conference on Thursday following the Office of the Special Prosecutor (OSP)’s conclusion of the investigation.

The OSP said Mr Mahama was identified as Government official one by the UK and US courts.

However, the OSP established his identity because his tenure as Vice President coincided with the US and UK courts’ first investigation of the Airbus case.

He explained that, the investigation into the scandal and the revelation of the identities of the persons involved were necessary due to the public interest in the issue.

This revelation confirms an assertion made by former Special Prosecutor, Martin Amidu.

“The OSP confirms the identity of the following individuals. The individual described as Government official 1 by the UK court and individual one by the US court is John Dramani Mahama. He is a citizen of Ghana and was the Vice-president of Ghana from 7 January 2009 to 24 July 2012,” the OSP stated.

He further established the identity of intermediary 5 and Samuel Adams Foster, a brother of Mr Mahama.

Mr Agyebeng also confirmed the identities of intermediary 6 and 7 respectively as Philip Sean Middlemiss and Sarah Leanne Davis who were business associates of Samuel Adams

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This comes after the Office of the Special Prosecutor (OSP)’s concluded its probe into the matter following a petition by NPP’s Ernest Owusu Bempah.

Mr Owusu Bempah in his petition asked the Special Prosecutor to update Ghanaians on the investigations that have been conducted into the alleged bribery scandal.

Airbus, the European aircraft manufacturer, is alleged to have paid bribes in Ghana when it sold the three military aircraft to the country.

The aerospace multinational admitted hiring the brother of a top elected Ghanaian official as its consultant for the pitch to sell the aircraft to the country.

Watch the stream below:

Mr Ablakwa accused Mr. Ofori-Atta and former Health Minister, Kwaku Agyeman-Manu of colluding with a private company, Service Ghana Auto Group Limited, to defraud the government.

He pointed out that, the former Finance Minister approved the deal just five days before leaving office, raising concerns about potential misconduct and questioning the newly formed company’s capacity to fulfil the contract.

The North Tongu MP on Monday, July 22, petitioned the Office of the Special Prosecutor (OSP) to investigate an alleged shady ambulance spare parts procurement deal.

The Special Prosecutor, Kissi Agyebeng in a letter dated July, 25 acknowledged receipt of the petition and stated that his office would investigate the matter if it falls within its jurisdiction.

The letter also assured Mr. Ablakwa that the office would seek further assistance if necessary.

Read the statement below:

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According to Joy News sources, the Chief Justice determined that the factual and legal foundation of the petition fall short of the standard required to establish a prima facie case for the removal of the special prosecutor

The petition, dated April 30, 2024, was reportedly sent to the President by Mr Amidu and conveyed to Justice Gertrude Torkonoo on May 6, 2024.

Mr Amidu alleged procurement breaches in the purchase of vehicles for the Office of the Special Prosecutor (OSP) and abuses involving judges and the administration of justice.

Other allegations include violations of citizens’ rights through arrests and detentions, violations of the right to information, and improper appointments of personnel to the office.

Mr Amidu also claimed that by arresting individuals such as Cecilia Dapaah and Prof Frimpong Boateng, the Special Prosecutor abused his office.

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Project Director of the Democracy Project and Fellow at CDD, Dr. John Osae Kwapong, in an interview with Akua Boakyewaa Yiadom on Adom FM’s Burning Issues, mentioned that before the establishment of the Special Prosecutor’s office, their corruption fight index was always high, and Ghanaians had less faith in leaders to combat it.

But he said after the office was set up, the index on corruption fight is low, and Ghanaians now have faith in the country’s efforts against corruption, thus scoring OSP 50%.

“People are still going after the Special Prosecutor because they are not seeing him put people in jail, but fighting corruption does not necessarily mean jailing people,” Dr. Osae Kwapong explained.

He also indicated that the Special Prosecutor has saved the country huge sums of money through his investigations, which the country would have lost had the office not been established.

Dr. Osae Kwapong expressed surprise that, Martin Amidu is criticizing his successor.

He recalled that, when Martin Amidu resigned, he made known to Ghanaians the challenges he was facing and how frustrated he was, but does not feel the same for Lawyer Kissi Agyebeng.

“Fighting corruption is not as simple or easy as people think because if you accuse somebody of corruption, you need to gather all the necessary evidence, which sometimes takes time and can be frustrating,” he stated.

Dr. John Osae Kwapong believes the OSP is doing well and needs support from Ghanaians.

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On April 30, a petition was sent to the President by former Special Prosecutor Martin Amidu to remove Kissi Agyebeng as Special Prosecutor. The petition was forwarded to the Chief Justice.

Mr Amidu alleges procurement breaches in the purchase of vehicles for the Office of the Special Prosecutor (OSP) and abuses involving judges and the administration of justice.

Other allegations include violations of citizens’ rights through arrests and detentions, violations of the right to information, and improper appointments of personnel to the office.

Commenting on the issue on Joy FM’s Top Story on May 17, Mr Azeem stated that while he supported the Special Prosecutor in the fight against corruption, he believed that when allegations are leveled against Mr Agyebeng, it is only right to allow investigations to take place devoid of public opinions.

He explained that for Mr Agyebeng’s predecessor to take such action suggests that there might be a need for investigation.

“Even though we support the Office of the Special Prosecutor, it does not mean that if he is perceived or alleged to have done anything wrong, he should not be investigated. So, I think that Martin Amidu has done what he thinks is the best approach.”

“He has worked with the office before, and he probably feels emotionally attached to the office. He does not want anything untoward to happen to that office; he does not want the image of the office to be dented, and he has brought this thing out,” he said.

Mr Azeem advised that the legal process be allowed to take its course without any interference.

“While they are following the legal process, let’s allow the legal process to go through. The President has referred it to the Chief Justice; let us allow the Chief Justice to look at the matter and see whether the allegations have any basis.”

“If the allegations have some basis then the Chief Justice will step up the appropriate committee that will look into it. But for now, I do not want to look at the individual allegations to say that it is okay or not okay. Let’s the process go through and we will see what happened,” he advised.

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According to him, he is surprised at the alacrity with which President Akufo-Addo has forwarded the petition to remove Mr Agyebeng from office, while sitting on other petitions to remove some public officeholders.

Speaking to JoyNews’ Kweku Asante in Parliament on Friday, May 17, Mr Suhuyini said he has issues with the selective manner in which the President forwards petitions of such nature to the Chief Justice.

“Because I’m very well aware that after he did same involving a petition against Madam Charlotte Osei – two other petitions were sent to him against Madam Jean Mensa and to date, the petitioners have not even received acknowledgment of receipts of that petition.”

“So the president has to explain to us why he does the automatic transmission of some of these petitions to the Chief Justice but withholds some. Is it the case that when the petition coincides with his interest? In this case, he is already interested in removing the Special Prosecutor and so quickly, with alacrity before the seventh day – he transmits it to the Chief Justice,” he said.

His comment comes after Mr Amidu petitioned President Akufo-Addo to remove the Special Prosecutor, Kissi Agyebeng from office.

The petition, issued on April 30, 2024, was subsequently conveyed to Chief Justice Gertrude Torkonoo on May 6, 2024.

The former Special Prosecutor alleged procurement breaches in the purchase of vehicles for the Office of the Special Prosecutor (OSP) and abuses involving judges and the administration of justice. Other allegations include violations of citizens’ rights through arrests and detentions, violations of the right to information, and improper appointments of personnel to the office.

The President has therefore forwarded the petition to the Chief Justice, who is yet to make a prima facie determination.

On the back of this, the National Democratic Congress (NDC) MP expressed his displeasure with President Akufo-Addo’s interest in some cases over others.

He argued that there are other petitions involving his favorites that are before him and have not been addressed.

“I don’t think that a president who is a Lawyer and supposed to govern with law should be that openly biased and selective, especially when these issues relate to the fight against corruption,” Mr Suhuyini said.

This, he said that the petition to remove Mr Agyebeng is going to serve the interest of the President, adding that “Maybe, the Special Prosecutor has touched some of his favourites and we know how he clears his favourites.”

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Mr Agyebeng has appealed to church leaders to use their platforms, and influence to deliver sermons against corrupt behaviour and lifestyles. 

The Special Prosecutor made the appeal in a meeting with the Ghana Pentecostal and Charismatic Council Conference of Heads of Churches and Organisations on Thursday, February 15.

In a video shared by Graphic Online on Twitter, he bemoaned why corruption remains Ghana’s biggest bane despite the number of Christians in the country.

“With 71 percent of Ghanaians identifying as Christians, how is it that we still struggle with corruption?” he quizzed.

Mr Agyebeng pointed out that Ghana is aware of the panacea to the menace but is hesitant to take it because of its bitterness.

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Watch the video below:

Special Prosecutor seeks support of religious leaders in corruption fight [VIDEO] https://t.co/cpF9TiFa5o pic.twitter.com/JIFqR7leml

— DailyGraphic GraphicOnline (@Graphicgh) February 15, 2024

According to him, these critics have failed to acknowledge the performance and effectiveness of the office over the years.

Mr Agyebeng made these remarks at a round table discussion on Tuesday.

“We hear calls, a lot of the time from very high places, that the OSP should be scrapped and that it serves no useful purpose. On another score, there have been and there are attempts to discredit the office and its principal officers unfairly and unjustly, alongside formidable resistance and pushback.

“A careful examination of the reasons for the calls to do away with the OSP suggests that they were made without reference to the actual performance of the office in the six years of existence and that the calls are borne out of many of the teething challenges confronting the establishment of the office,” he stated.

In recent times, the office has been under pressure over the inability to successfully prosecute a single case since its establishment.

The Speaker of Parliament, Alban Bagbin, asserted that the creation of the office was an act in futility, stressing that it would not achieve any results in the fight against corruption.

But former Tamale Central MP, Inusah Fuseini believes the office has a unique mandate of fighting corruption and corruption-related offenses.

In his view, a discussion about whether the office is beneficial to the State or not should not even come up.

However, amidst the opposition and setbacks, the Special Prosecutor, insists the office serves a useful purpose in the fight against corruption.

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Mr Agyebeng has said he was only sending a message about a phenomenon which he believes will not augur well for the nation in the fight against corruption.

“Maybe my demeanour suggested some frustration, but you don’t deliver sombre news with a smiling face. I was sounding an alarm that we ought to rework the way we were doing things otherwise there was this sector that if we continued on the path that we were, from my evaluation, we were going to lose the fight against corruption. I was like a gong-gong beater sounding an alarm,” he said in an interview on Accra-based Citi TV.

Addressing the media on Wednesday, November 29, Mr Agyebeng raised concerns over what he described as setbacks in the discharge of his mandate.

He bemoaned that, the ruling only opens the floodgates for suspects to demand the halting of investigations against them.

The Special Prosecutor now in a dilemma questioned if he should throw in the towel in fighting corruption and corruption-related offences.

His press briefing attracted massive backlash amidst assertions that he was seeking public sympathy.

But Mr Agyebeng disagreed.

“I wasn’t looking for sympathy. Those who were responding to me negatively thought I was attacking the judiciary. I wasn’t attacking the judiciary. What I was doing was pointing out things that, in our evaluation, we thought were not right,” he stated.

He maintained that, it is within his mandate to let Ghanaians know the state of the fight against corruption.

“That is my mandate as the Special Prosecutor of the republic to draw our minds to where we are in the fight against corruption, what we are doing, and we are getting it right and what we are doing that we are not getting it right, and how we ought to restructure things and reverse the negatives and highlight the positives to set us on a proper footing for the fight against corruption,” he insisted.

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Alhaji Osman claims that 60% of the OSP staff are affiliated with the opposition National Democratic Congress (NDC), potentially influencing prosecutions.

He criticised Kissi Agyebeng, questioning his neutrality and called for an investigation into his suitability for the role.

Alhaji Osman further claimed Mr. Agyebeng has significantly expanded the OSP’s staff, yet achieved little results in combating corruption.

He accused Agyebeng of unfairly targeting the NPP, citing the investigation into alleged irregularities at the Customs Division under the current government as an example.

He said the focus solely on auctions from 2016 to 2022 raises questions about why similar events under the previous NDC administration haven’t been investigated.

Additionally, Alhaji Osman criticized the disparity in the OSP’s handling of allegations of vote-buying.

He could not fathom why OSP will probe allegations of vote-buying in NPP parliamentary primaries while no action was taken against the NDC which also engaged in similar acts.

Watch attached video for more

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This is good news for the Office which had just one staff on payroll in August 2021, when Kissi Agyebeng started work as the Special Prosecutor. 

An elated OSP announced this good news on social media.

“I am delighted to share that, as of September 2023, the Office has expanded its team to a full establishment staff of 249 professionals, including lawyers, investigators, asset recovery personnel, intelligence analysts, IT specialists, administrators, finance specialists, researchers, and operatives,” it said.

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According to him, that will be the best move for Mr Agyebeng if he feels overwhelmed or frustrated by his work.

“The Special Prosecutor should resign if he cannot do the work but it seems resignation is a big deal for people in Ghana. I just wish someone will get up one day and decide to resign for being fed up,” he said.

Chairman Boateng-Agyemang, made these comments on Asempa FM’s Ekosii Sen programme following recent concerns by Mr Agyebeng over the increasing trend of dismissive rulings.

Addressing the media on Wednesday, November 29, the Special Prosecutor, bemoaned the rulings were hasty and fears could hinder the fight against corruption.

The Special Prosecutor now in a dilemma questioned if he should throw in the towel in fighting corruption and corruption-related offences.

But the former NPP Chairman has said he doesn’t think it is necessary for Mr Agyebeng to go about lamenting.

The honourable thing to do, Mr. Boateng-Agyemang added is for the Special Prosecutor to resign.

Meanwhile, the Speaker of Parliament, Alban Bagbin, on Tuesday, stated that the law establishing the OSP was an act of futility.

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Mr Agyebeng at the conference on Wednesday said the recent judgment on the Labianca case will erode the progress made in the fight against corruption.

Reacting to this, Lawyer Adofo said the press conference was only to seek public sympathy.

“What was the point of the press conference? The objective was to seek public sympathy. He wants Ghanaians to believe he is working but the court is hindering his job. If your case is incurably bad it has to be dismissed so what is his problem. Which of his cases has he sought an appeal. He has withdrawn the appeal on the the Labianca case,” he said on Accra-based Neat FM.

On Monday, a High Court nullified a report by the Office of the Special Prosecutor (OSP) that implicated Col Kwadwo Damoah, a former Commissioner of the Customs Division at the Ghana Revenue Authority (GRA), and Joseph Adu Kyei, a former Deputy Commissioner of the Division, for utilising their positions to provide favorable tax treatment to Labianca Company, a frozen foods company.

Subsequently, the court imposed costs of GH₵10,000 against the OSP and issued a restraining order to prevent the OSP from further investigating the two.

However, the OSP argued that, it acted within its mandate and never in any instance did the office overstep its authority.

But to lawyer Adofo, the court was apt with its ruling because the OSP failed to build strong cases.

He explained that, the OSP was aware of this hence has been unable to file an appeal against all his cases.

Lawyer Adofo indicated with the backing of all state institutions, the OSP should do better.

“He wants the court to persecute the accused even when he [OSP] is wrong. As a lawyer if you lose a case you file an appeal to the appeal court for 3 judges to go through the case if you are unsatisfied you should go to the high court then the supreme court but in his case he has done nothing like that,” he noted.

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Addressing a press conference on Wednesday, Mr Agyebeng bemoaned how the judiciary is impeding his successful prosecution of cases.

The Special Prosecutor now in a dilemma questioned if he should throw in the towel in fighting corruption and corruption-related offences.

“As I said, I wasn’t sounding like a prophet of doom but there is doom looming ahead of us, that very soon a murderer will boldly walk to go to seek an injunction. Should I feel frustrated and resign? I took an oath and in my life when I take on the reins to do something, I do it to the best of my ability,’ he stated.

Calling for a collective effort in fighting the menace, Mr Agyebeng asserted that, the court can dismiss cases they believe do not have enough evidence rather than getting in the way of the office in discharging its duties.

“Let us bring before you the body of our investigation as evidence. If you look at it, and you decide that the evidence does not shore up to the standard of proof required in criminal cases, you can dismiss it but don’t prevent us from doing our work, from investigating. It is dangerous,” he added.

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After excelling in unlawfully fishing for evidence to prosecute citizens in violation of the enjoyment of their fundamental rights and freedoms to personal liberty and presumption of innocence, Kissi Agyebeng has now graduated to fishing for a court and a judge to do his bidding in the investigation and prosecution of all cases he prosecutes before the courts of Ghana. 

Almost half of my 45 years as a lawyer were spent professionally investigating, prosecuting, or directing the prosecution of all manner of criminal offences under the laws of Ghana under the authority of the Attorney-General.

I do not recall any moment in which any Attorney-General petitioned the Chief Justice to recuse or remove a Justice of the Superior Court presiding over a criminal matter on grounds of prejudice against the Republic of Ghana or the person the Attorney-General or an authorized officer of the Office of the Attorney-General. 

Wonders, they say, will never end. I was pleasantly surprised, therefore, when a media person left an SMS message on my phone on 12 October 2023 at 11:12 am indicating an intention to speak to me during the 12 O’clock news on an alleged petition written by the Special Prosecutor to the Chief Justice to remove the judge presiding over the case involving Cecilia Abena Dapaah and her spouse.

I politely declined the temptation put in my path when I had not seen any evidence of the fact that a petition had been made to the Chief Justice as alleged. 

 It was later that I read online a news item of even date written by one Emmanuel Ebo Hawkson posted on graphiconline.com at 10:35 am reporting that: 

“Justice Twum informed the court today that he had received a letter by the OSP to the Chief Justice, Justice Gertrude Araba Sackey Torkornoo, for him to recuse himself from the case. In view of the petition, Justice Twum adjourned the case to await the decision of the Chief Justice on the petition.” 

Attached to the news report was a terse statement issued by the Special Prosecutor notifying the public on Facebook that: 

“The OSP has requested the Chief Justice to recuse and remove His Lordship Justice Edward Twum from all cases involving the OSP pending before him.

The request is grounded on the OSP’s well-founded belief that Justice Edward Twum appears to be highly prejudiced against the OSP and the person of the Special Prosecutor.

Consequently, as it stands, the OSP would not and cannot be reasonably expected to be parties to proceedings before the said judge.” 

 “Wonders will never end”, indeed! And “if we do not die early we shall see things”. The cases put before the High Court (Financial & Economic Crime Division 2), Accra, presided over by Mr. Justice Twum are not between the Special Prosecutor in his personal capacity and the suspect, Cecilia Abena Dapaah, and her spouse.

This used to be Mrs. Justice Afia Serwah Asare-Botwe’s court which handled almost all criminal cases and applications from the OSP during and after my tenure as the founding Special Prosecutor before her elevation to the Court of Appeal. 

The cases are in substance between the Republic of Ghana, and Cecilia Dapaah and her spouse.

As a quasi-judicial law enforcement and prosecutorial office assisting the courts to administer criminal justice as demanded under the 1992 Constitution the OSP and the Special Prosecutor have no personal or vested interest in the outcome of cases presented before the superior court to engender prejudice or bias against the OSP or the person of the Special Prosecutor. 

Every civic-minded citizen will recall that on 31 August 2023, Mr. Justice Twum speaking ex-cathedral in a ruling in the application styled the Special Prosecutor vs Cecilia Abena Dapaah, in which the Special Prosecutor represented the Republic of Ghana, declined an application for an order(s) for the confirmation of the seizure and freezing of the property of Cecilia Abena Dapaah and made consequential orders thereto.

The Special Prosecutor, Kissi Agyebeng, unethically and unprofessionally issued a public notice to the media disagreeing with the decision and orders of the High Court.

Mr. Kissi Agyebeng knowing very well that he had no legal grounds to appeal against the ruling and orders of the High Court did not file an appeal against the ruling and orders of the court.

The Special Prosecutor, a public officer, paid and protected at the expense of the taxpayer was merely engaged in grandstanding in the media to spite the court for its ruling, pure and simple. 

As a sequel to his unethical, unprofessional, and unconstitutional conduct, Kissi Agyebeng, the Special Prosecutor on 5 September 2023 having put his house in order (or disorder) filed a fresh and rehashed application in the High Court on behalf of the Republic of Ghana again styled the Special Prosecutor v 1. Cecilia Abena Dapaah and 2 Daniel Osei Kufuor for an order for the confirmation of the seizure and freezing of the subject matter of his earlier dismissed application with the hearing date fixed far away to 18 October 2023. Cecilia Dapaah and her spouse as Respondents filed their affidavit opposing the Republic of Ghana’s application against them. They also applied to the court to abridge the hearing set for 18 October 2023 to an earlier date which was set down for hearing on 11 October 2023. 

The Special Prosecutor who had taken the long date of 18 October 2023 in the hope of continuing to have possession of the seized and frozen property of the Respondents and to fish for his preferred court and a judge to hear the application was disappointed when incidentally, the judicial administration listed the Republic’s application for orders confirming the seizure and freezing of the property of Cecilia Dapaah and her spouse before the High Court (Financial & Economic Crimes Division 2) Accra, presided over by Mr. Justice Twum.

Any experienced prosecutor should have known that it is normal and routine in the administration of criminal justice for such a case to be listed before the court which had been assigned responsibility for the earlier case for purposes of consistency.

Indeed, this was the same court then presided over by Mrs. Justice Asare-Botwe which in a ruling dated 12 July 2023 dismissed an earlier application by the Republic against the property of Sir John in the case the Special Prosecutor v 1. Charles Owusu and 2. Nana Boakye Acheampong, popularly known as the Sir John case. 

The Respondent’s application for an early hearing was accordingly heard on 11 October 2023 with the presiding judge making a ruling setting down the hearing of the application for an order or orders for the confirmation filed by the Applicant on 5 September 2023 to the next day, 12 October 2023. The Special Prosecutor or his authorized officers did not object to the 

court or the judge hearing or continuing with the cases on grounds of real likelihood of bias or prejudice against the Republic of Ghana at the hearing of the case on 11 October 2023 to enable the court to make a ruling on any such objection. 

The Special Prosecutor, apparently, as part of his tacit bargaining in the media and the court of public opinion to influence the outcome of the cases of the Republic pending before the High Court, again unlawfully, unethically and unprofessionally issued a notice to the public and also on the X platform on 11 October 2023 at 11:27 am informing the whole world that the OSP and the Federal Bureau of Investigation (FBI) in the United States of America have initiated concurrent investigations into the activities of former Sanitation Minister, Cecilia Abena Dapaah and her associates “primarily focus on examining their assets and financial transactions within the United States of America.” 

During my tenure as the founding Special Prosecutor of the OSP, Mrs. Justice Afia Serwah Asare-Botwe presiding over the same High Court (Financial & Economic Crime Division 2) Accra, was assigned, heard almost all the applications for orders to confirm seizures and freezing of property, and the presided over the trial of charges against accused persons that were filed on behalf of the Republic by the Special Prosecutor.

She made several adverse rulings and judgments in the cases brought before her by the OSP against the Republic as it was her prerogative to do without any obnoxious publications in the media by me, as the Special Prosecutor calling into question any of her decisions. (See, for instance, the various applications and cases in the Republic v Mahama Ayariga & Another and the Republic v Hajia Hawa Ninchiama & 6 Others decided by Mrs. Justice Asare-Botwe). 

But when Mrs Justice Afia Serwah Asare-Botwe presiding over the same High Court (Financial & Economic Crime Division 2) Accra declined Special Prosecutor, Kissi Agyebeng’s application in the Special Prosecutor v 1. Charles Owusu and 2. Nana Boakye Acheampong, popularly known as Sir John case on 12 July 2022 incurred his umbrage and an appeal to the Court of Appeal which he has since refused or failed to pursue.

My considered and published article on the conduct of the Special Prosecutor at that time is available online and on my website. 

Ghanaians will recall that on 29 July 2023, I had occasion again to publish a considered article entitled: “The Kissi Agyebeng’s OSP picks people that he thinks that he should, rather than pick the cases that need to be prosecuted”. In that article, I questioned the professional experience and competence of Kissi Agyebeng as Special Prosecutor and stated inter alia that: 

“….the deficiencies in the investigatory and prosecutorial experience of Mr. Kissi Agyebeng is what has haunted him into overdrive to think that he can earn the trust of Ghanaians by appearing to talk tough and threatening to investigate and prosecute “everyone and every person” on mere suspicion …. without first establishing reasonable grounds for such suspicion as though he was on a fishing expedition.” (Emphasis supplied). 

The petition of Kissi Agyebeng to the Chief Justice of which he gave public notice in the media on 12 October 2023 for the recusal and removal of the court and the judge assigned by the Judicial Service to determine criminal cases and applications he had filed in the High Court after having lost his cases in the rulings on 31 August 2023 and the ruling on the Respondent’s application for abridgement of time on 12 October 2023 is clear confirmation of his deficiencies and inexperience as an investigator and prosecutor of criminal cases on 

behalf of the Republic of Ghana. This time round Kissi Agyebeng has resorted to fishing for a court and a judge who would decide cases in his favour instead of in accordance with the law. Kissi Agyebeng is more competent, experienced and excels in the persecution of citizens presumed innocent under the Constitution in the court of public opinion than at an adversarial trial before a court of law. 

The more pernicious and arbitrary conduct and intention of Kissi Agyebeng as the Special Prosecutor is to unduly delay the hearing of the criminal cases and applications he has before the Court so that he can postpone decisions by the court in those matters which may expose his professional incompetence and inexperience as an investigator and a prosecutor to the Ghanaian public again.

This is a clear unlawful and unconstitutional conduct unbecoming of any professional and responsible public officer which I had hitherto not witnessed from any experienced and competent professional investigator and prosecutor appearing in court as officer of the court. 

One thing is certain, Justice will eventually prevail. In the interim, I bet my last pesewa that should the Chief Justice decline the OSP’s petition, Kissi Agyebeng will formally repeat his petition as an objection before the court again for the simple purpose of postponing the decision or judgment days.

This will enable him to frustrate the administration of justice by holding on to the property and bank accounts of the Respondents he administratively seized and froze again on 5 September 2023 for as long as he unlawfully can.

Whatever the delays and fishing for a court and a judge the petition of the Special Prosecutor occasions, justice will eventually prevail even if those cases were put before any other court and judge of the superior courts and the heavens fall. 

Martin A. B. K. Amidu 

12 October 2023 

To him, the OSP has not handled the issue involving former Minister of Sanitation and Water Resources Cecilia Abena Dapaah well.

“Mr. Agyebeng is making the whole thing look like it is true that this thing is staged. This is basic, it is elementary, you want a court to freeze an account and you are hiding the bank statement or the information. How? He shouldn’t be dong doing that. I have been supporting him 150 percent but this thing is beginning to shake my confidence in his work,” he said on Accra-based TV3.

“This is basic, even robots would expect some information to be able to act. It is what you put in, this is garbage in garbage out, he should not do that again for us to believe those theories that this thing is just staged. How can you go to court without the evidence?” he quizzed.

His comments come on the back of OSP’s failure to provide the evidence to the court after filing an application to freeze the bank accounts of Madam Dapaah.

The Financial Division of the Accra High Court has ordered the OSP to return the seized property of Cecilia Abena Dapaah within seven days because it has no justifiable basis for the seizure.

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Mr Adoye expressed his concerns about the unfairness of government officials endorsing specific New Patriotic Party (NPP) flagbearer hopefuls while utilising taxpayer-funded assets.

In an interview on Accra-based Neat FM, Mr Adoye stated, “How can appointees expected to work for the betterment of Ghana and ensure NPP’s victory in 2024 leave their offices to go campaigning in state cars with state fuel? It is not right. So we are calling on the Special Prosecutor’s office to investigate.”

Mr Adoye further emphasised that officials who publicly support presidential aspirants should resign from their positions.

He pointed to examples such as former Trades Minister Alan Kyerematen and former Agric Minister Dr Afriyie Akoto, who had resigned from their respective roles in order to pursue their campaigns.

Mr Adoye questioned the actions of those who continue to employ state resources for campaigning purposes, stating, “So why are some still using state resources to campaign?”

The call for an investigation, Mr Adoye said is for accountability and fair practices among public office holders, particularly regarding the use of state resources during political campaigns.

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Sulemana Braimah has argued Mr Agyebeng was once a personal lawyer and co-founder of a law firm with Anas which puts him in a conflict of interest situation.

Therefore, he [Kissi Agyebeng] should not be personally involved with investigations.

He has suggested that the investigations be handed over to the Deputy Special Prosecutor with Mr Agyebeng publicly announcing his non-involvement.

“It is my conviction that it will be in the interest of both the OSP and the nation, for Kissi Agyebeng as SP to make it publicly known that he is personally recusing himself from the investigations related to the allegations of corruption from Anas’ work.

“The Deputy SP can be made to lead the investigations on the allegations against Charles Adu Boahen from Anas’ publication,” he wrote.

Mr Braimah raised these concerns in a Facebook post following a directive by President Akufo-Addo for Mr Agyebeng to investigate the embattled Minister in an alleged influence peddling.

The President’s directive is in connection with investigative journalist, Anas Aremeyaw Anas’ latest work, Galamsey Economy in which Mr Boahen used Vice President Dr Mahamudu Bawumia’s name to cut deals.

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But Mr Braimah has questioned “Can and should the defender and partner of the accuser be the ones to investigate the accused? Kissi Agyebeng should just recuse himself and must do so publicly.”

He believes Mr Agyebeng’s interest and investigations are a step in the right direction.
However, the NPP guru says it is best he [Mr Agyebeng] allows any of his deputies to take charge of the investigation.

The Special Prosecutor on Monday announced he has begun investigating some public officials over their alleged involvement in illegal mining.

The investigation, he said, targets some officials of the Lands Ministry, the Forestry Commission, and the dissolved Inter-Ministerial Committee on Illegal Mining (IMCIM).

In a statement, the office said there is also an ongoing enquiry into allegations of use of public office for profit against Charles Bissue during his tenure as secretary to the IMCIM based on an investigative documentary by Tiger Eye P.I.

But according to Mr Titus-Glover, Mr Agyebeng recusing himself will allay fears of pre-judicial conclusions, considering the fact that he was a lawyer for investigative journalist, Anas Aremeyaw Anas’ Tiger Eye P.I team prior to his appointment.

“It is good that the OSP [Office of the Special Prosecutor] has gotten involved in it, and we need to encourage the OSP. We need all the transparency that is required out of this to help deal with the menace completely but he should allow his deputies to do this,” he said on Asempa FM’s Ekosii Sen.

Meanwhile, the Convenor of Media Coalition Against Illegal Mining, Dr Kenneth Ashigbey, has asked the OSP to be thorough and transparent with the investigations.

He said that nobody should be left off the hook as the canker threatens the entire nation.

This comes nine months after Kissi Agyabeng was sworn into office as the new Special Prosecutor following the resignation of Martin Amidu in November 2020.

Speaking at a brief ceremony, Mr Dame urged the board to be diligent and take their responsibilities seriously.

He entreated the success of the Special Prosecutor’s Office was a shared responsibility, hence it was important for all hands to be on deck, particularly the media.

“We owe a duty not to sensationalise reports affecting the Office of the Special Prosecutor in order not to create an impression of deliberate starvation of resources by the State, especially where same is unjustified,” he urged.

Mr Agyebeng in a brief address reiterated the office has been faced with difficulty in its operation over the absence of a board.

Members of the board are; Special Prosecutor, Kissi Agyabeng; Deputy Special Prosecutor, Vivian Lamptey; a rep from Audit Service; Lawrence Ndaago Ayagiba, Ghana Police Service Representative, DCOP Wilfred Boahen Frimpong and Economic and Organised Crime Office (EOCO) Representative; Aba Jacqueline Opoku.

Others include; Financial Intelligence Center (FIC) Representative; Kofi Boahen A. Boakye, Stephen Azantilow, Commission on Human Rights and Administrative Justice (CHRAJ) Representative; COP George Tuffour (Rtd), National Security Representative and Linda Ofori-Kwafo, Representative of Anti-Corruption Civil Society.

The new board will be the second for the institution mandated to investigate and prosecute corruption and corruption-related offences.

Mr Kpemka in an interview on Newsfile, Saturday, noted that Kissi Agyebeng will take the fight against corruption a notch higher.

He said despite the criticisms and doubts expressed after the appointment of Kissi Agyebeng in 2021, his recent actions taken against corruption vindicate his ability to fight corruption in the country.

“Today, by some of the moves that have been made so far, some of us feel vindicated and we think that given the support, he will take the fight against corruption to another level. I am not in any doubt at all,” he said.

Nine months after Mr Agyabeng was sworn into office as the Special Prosecutor, his office does not have a Governing Board.

Section 5 and 6 of the Office of Special Prosecutor Act 2017 and Act 959 task the Board to formulate policies for the object of the Office, ensure proper and effective performance of the functions of the Office, and advise the Special Prosecutor on the recruitment and selection of various staff among other duties.

JoyNews sources say although the OSP has written multiple letters to the Presidency reminding it of the need to inaugurate the Board to ensure smooth operation of the Office, this has not been done.

Reacting to this, Mr Kpemka assured that the Governing Board of the Office of the Special Prosecutor will be inaugurated soon.

According to him, all the necessary procedures have been completed to ensure this.

He said the delay in the appointment of members of the governing board is for due diligence to be done before any appointment.

“You may say that it is due to delay but sometimes it is for due diligence to clear those who have to be in such position because of the sensitivity of the nature of that particular mandate that you are supposed to carry out as an appointee of government.

“It is better to take your time to due diligence to appoint these people than rush and appoint people who would have questions to answer and then another round of debate will begin…yes, there may have been some delay in the appointment but it is for due diligence to be conducted and I know sooner than later the board will be inaugurated and this will become history,” he told Samson Lardy Ayenini.

Mr Agyebeng said this on Wednesday while addressing the press after Mr Adjei made his first court appearance.

“I have my firm conviction that we have every evidence to see the accused prosecuted on procurement breaches [charges]. The accused persons are the former Chief Executive of the PPA and his brother-in-law.

“Their pleas were taken. They pleaded not guilty, and the court has given directions as to how the trial will proceed so in a month’s time we’ll be back to comply with the court proceedings,” he stated.

He reiterated his commitment to make corruption costly in the country as he indicated during his vetting.

The accused slapped with 17 charges by the Special Prosecutor pleaded not guilty when he appeared before the Criminal Division of the Accra High Court.

He also denied seven counts of using Public office for profit and 10 counts of directly and indirectly influencing the Public Procurement process using his office.

The second accused person who happens to be his brother-in-law, Francis Kwaku Arhin also pleaded not guilty to one Count of using public office for profit.

The court presided over by Justice Mary Maame Ekue Nsenkyire granted GH¢5 million bail each with two sureties to be justified.

The accused is standing trial over award-winning investigative journalist, Manasseh Azure Awuni‘s contract for sale documentary.

The investigative piece revealed that a company known as Talent Discovery Limited (TDL), owned by Mr Adjei was getting government contracts through restricted tendering and selling those contracts to others for profit.

According to a writ filed at a Kumasi High Court, and court documents cited by JoyNews, the accused influenced the conduct of about 26 Assembly Members who are members of the Juaben Municipal Assembly by gifting them an amount of GH5,000 during an election to confirm his nomination in September last year.

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He is scheduled to appear before a Kumasi Court on June 1, 2022 to answer the charges on corruption contrary to Section 256(1) and (2) of the Criminal Offences Act, 1960 (Act 29) as amended by Section 9 of the Criminal Offences (Amendment) Act, 2020.

The meeting to confirm Mr. Sarfo-Kantanka, Juaben Constituency New Patriotic Party Chairman as MCE, was marked with drama as he publicly demanded the refund of monies paid to some Assembly Members to influence them to get him confirmed.

The President’s nominee is said to have assaulted one of the Assembly Members, Patrick Yeboah outside the conference room where the meeting took place.

He failed in yet another attempt to get him confirmed as the first-ever MCE for that newly created municipality, carved out of the Ejisu municipality.

The Special Prosecutor in a letter dated November 2, 2021 invited the embattled Municipal Chief Executive nominee for questioning and subsequently granted him bail.

Bailiffs of the Judicial Service were in the Juaben home of Mr. Sarfo-Kantanka to serve him with the writ of summons on Tuesday May 24,2022 but met his absence.

Officials from the Office  of Special Prosecutor and Judicial Service located him at the Juaben NPP office and served him at  exactly 10:42am paving way for trial to begin.

Mr. Sarfo-Kantanka is the first of two high-level politicians to be investigated in the Ashanti region in connection with corruption-related election charges.

Former Member of Parliament for Ejisu, Kwabena Owusu Aduomi and a former Deputy Minister of Roads, are also under investigations for a similar offence.

He is said to have publicly admitted on television to paying cash to delegates in the constituency to confirm him as parliamentary candidate.  

A new corruption league table set to be published later in the year is expected to enable his office to document corruption and name and shame peddlers of corruption.

State institutions will be ranked with the most corrupt named, he stated on Tuesday.

“We recognise various corruption rankings, scorings and surveys being carried out. However, it comes down to the nature of the information gathered and the use to which such information is put.

“In sum, we will be documenting corruption, measuring corruption, ascertaining the breeding of corruption, naming and shaming peddlers of corruption, examining the impact of anti-corruption initiatives and taking curative and remedial measures to crack down on corruption through prosecutions and asset recovery and management.

“It is time to move beyond the composite annual ranking of countries on a corruption drop list to own our local narrative and fashion and retool Our reformation by prodding our public sector into real and concrete action against corruption and corrupt practices,” Mr Adjabeng said.

The league table forms part of efforts by the OSP to identify the causes that advance corruption in the public sector to facilitate the prevention of corruption.

Deputy AG Alfred Tuah Yeboah, who launched the table, said his office will continue to work with the OSP to fight corruption.

Out of the 45, the office says further action will be taken against three including the dismissed Chief Executive Officer of the Public Procurement Authority (PPA), Adjenim Boateng Adjei, who abused his office, in the next few weeks.

“The Office of the Special Prosecutor (OSP) is currently investigating 45 cases of suspected corruption and corruption-related offences.

“The OSP will announce, in the next few weeks, its conclusion (s) and further action in the following [three] cases,” portions of a statement from the outfit read.

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The cases, the statement explained, border on alleged evasion of tax on frozen and processed food products by high ranking officials of the Customs Division of the Ghana Revenue Authority and the La Bianca Company, and corruption during the nomination of the Chief Executive of the Juaben Municipal Assembly in the Ashanti Region.

Read the full statement below:

The visit was on Wednesday, February 9, 2022.

The two outfits had discussions on sharing of intelligence and resources in the fight against corruption, especially tracing, recovery and management of assets of corrupt persons.

The visit follows the former Director-General of the Criminal Investigations Department’s appointment in January 2022.

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Her appointment took effect on January 5, 2022.

Mr Agyebeng assured the EOCO team of his office’s resolve to make corruption unattractive in the country.

The investigations, according to the office, will target alleged corruption and corruption-related offences perpetrated by officials of the Bank of Ghana, banks, specialised deposit-taking institutions and financial holding companies.

These were contained in a statement signed by the Special Prosecutor, Mr Kissi Agyebeng.

“The OSP invites members of the public who have knowledge of the commission of corruption or corruption-related offences to lodge complaints with the OSP against any official in this regard,” the statement urged.

The office has also assured the public that all necessary and reasonable steps shall be taken to protect the safety and welfare of all informers, whistleblowers and witnesses.

Meanwhile, the statement has warned any official found culpable and complicit would be arrested and prosecuted.

The financial sector cleanup started in August 2017 led to the collapse of nine universal banks, 347 microfinance companies, 39 microcredit companies or moneylenders.

Some 15 savings and loans companies, eight finance house companies, and two non-bank financial institutions were also affected by the cleanup.

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The Securities and Exchange Commission (SEC) also announced the revocation of licenses of 53 Fund Management Companies.

A number of these institutions were found to have varying degrees of corporate governance lapses.

The total estimated cost excluding interest payments, from 2017 to 2019 was pegged at GHS16.4 billion.

The initiative is part of the office’s pressure-for-progress drive to assess perceived levels of public sector corruption in the estimation of experts and business people.

The Special Prosecutor, Kissi Agyebeng, revealed this while addressing a press conference to update on work done so far since assuming office in August 2021.

“In aid of this, public agencies would be ranked against each other on a corruption barometer and the results would be publicised every 9 December,” he announced.

Through the initiative, the OSP would require all public institutions, departments, agencies, and companies to prepare and submit Integrity Plans.

This would be aimed at assessing deficiencies in their regulations, procedures, policies, guidelines, administration instructions, and internal control mechanisms to determine their vulnerability.

It would also bring exposure to corrupt practices and the prescription of curative measures to manage such susceptibility to corruption and corruption-related offences.

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Mr Agyebeng as a sign of commitment and dedication towards the initiative stated he is setting up internal control mechanisms to prevent corruption at the OSP itself.

The visit on Tuesday, November 2, 2021, was to hold discussions with Mr Agyebeng and his team on the fight against corruption in the country.

Madam Thompson during the meeting disclosed the preparedness of London to assist the outfit in the discharge of their duties.

She, among other things, stated London will help in sharing intelligence and infrastructure support.

Meanwhile, the Office of Special Prosecutor has announced a toll-free number to enable Ghanaians to report corruption-related cases.

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The toll-free number, 0800-000-700 is for all Ghanaians to be a part of the solution to the menace which is deepening the country’s woes.

He made the revelation on Accra-based Starr FM, stating the outfit has the mandate to prosecute Presiding and Returning Officers who are culpable in such acts.

“False declaration in respect of elections. The public should know this; I’m not the Supreme Court, but thankfully I don’t have to wait for the collation of the pink sheets at the Supreme Court to make a case. If you’re a Returning Officer or Presiding Officer, and you change results, I’m coming for you,” he warned.

He was optimistic the initiative will make easier, the job of petitioners who wish to challenge the outcome of elections.

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“Immediately you declare the results, I’m calling for it, and I’m matching polling station to polling station; what you have done and if I find discrepancies…then you should be answering to me as to why from the transfer from the pink sheets to the blue sheets, there is a gap.

“So immediately you are not offering a reasonable excuse, I’m prosecuting you for that offence,” he added.

Meanwhile, the outfit, he noted, will begin to roll out cases in October 2021.

He told Accra-based Starr FM that he is now setting up the office and working at the same time.

“What we are doing now is that we are building the ship as we are sailing. The office was established in 2018. The act was passed in 2017 and the assent was given 2018. So imagine my shock when I go in after 5^th August to find out that the office has been established but it hasn’t been set up and it hadn’t been operationalised. So I’m setting it up and operationalising it. I won’t say nothing has been done; things had been done but the office hadn’t been set up.

“The act provided for the establishment of some divisions and if the board was minded to create further divisions but when I took up, there are no structures, no division, department and all. Nothing had been set up. Nothing even a front desk. Not a single division, no HR, there was nothing when I took up that job,” he said.

He, however, revealed he interns to recruit as many 250 staff once his board is established.

“There is only one person on the payroll, I won’t disclose who. So you have Chief Accountant who is on secondment, and one investigator who is on secondment from the Police. You have a lawyer who’s on secondment from the Attorney General’s office and that’s that.

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“The rest then will be gatemen, cleaners, stewards, an office secretary, a special assistant to the office. In all, I counted 10 first day.

“Second day, one resigned because I asked him some questions he couldn’t provide answers to it…So within 24 hours nine, but nine it’s only one on payroll. What are you gonna do?”