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Minister in Charge of Government Communications, Felix Kwakye Ofosu, has confirmed that ten petitions filed against Special Prosecutor Kissi Agyebeng and Electoral Commission (EC) Chairperson Jean Mensa, along with her two deputies, have been forwarded to Chief Justice Paul Baffoe-Bonnie for consideration.
Speaking at the Government Accountability Series in Accra on Wednesday, January 14, Kwakye Ofosu explained that the President’s involvement in the matter ends once the petitions are transmitted to the Chief Justice.
He stressed that the Office of the President is unable to comment further until the Chief Justice determines whether the petitions meet the legal threshold for establishing a prima facie case.
“Unlike the petitions against the Chief Justice, the President’s mandate regarding the petitions against the Special Prosecutor and the Electoral Commissioner and her two deputies ends with conveying them to the appropriate authority, which in this case is the Chief Justice. That process was completed a couple of weeks ago,” he stated.
According to the Minister, seven of the petitions are directed at the EC Chair and her deputies, while three target the Special Prosecutor.
“The President has no further role at this stage and, therefore, cannot speak to the substance of the petitions. The Chief Justice’s office would be better placed to comment. The President will only be required to act again after a determination of a prima facie case,” he added.
The petitions were submitted by various individuals and groups alleging misconduct. Those against the Special Prosecutor cite claims of incompetence and abuse of office, while the petitions concerning the EC leadership raise concerns about accountability and the management of the Commission.
Under Section 16 of the Office of the Special Prosecutor Act, 2017 (Act 959), petitions seeking the removal of a Special Prosecutor must follow a defined legal procedure. The President is mandated to forward such petitions to the Chief Justice within seven days, after which the Chief Justice has 30 days to assess whether a prima facie case exists.
Where a prima facie case is established, the Chief Justice is required to constitute a three-member committee to investigate the allegations and submit recommendations to the President, who is bound to act on the committee’s findings.
Kissi Agyebeng has served as Special Prosecutor since 2021, succeeding Martin Amidu. His tenure has drawn mixed reactions, with supporters praising the Office of the Special Prosecutor (OSP) for strengthening accountability, while critics argue it has not fully lived up to its mandate.
Some legal practitioners have also expressed concerns over certain decisions by the OSP. Notably, lawyer Martin Kpebu has criticised Agyebeng, accusing him of “extreme incompetence” over the decision to allow former Finance Minister Ken Ofori-Atta to leave the country while under investigation.
