Unconstitutional accusation process against Special Prosecutor

Lawyer Kwame Akuffo has expressed concern over the constitutionality of the impeachment proceedings against Special Prosecutor Kissi Agyebeng.

According to him, the procedure described in Article 15 of the Special Prosecutor’s Office Law of 2017 (Law 959) contradicts the ongoing process.

In an article, Akuffo argued that these proceedings constitute an unconstitutional amendment to Article 146 of the 1992 Constitution.

Citing the recent Supreme Court case of Francis Osei-Bonsu v. Attorney General (TLP-SC-2024-145), Akuffo claims that section 15 of the OSP Act illegally seeks to amend the Constitution through legislative means, circumventing the amendment process ordered by Articles 289 and 290.

He describes this as a “backdoor attempt” to alter the Constitution, which he claims is manifestly unconstitutional.

“The President of the Republic, upon receipt of a Petition, pursuant to Article 15 of the Special Prosecutor’s Office Law of 2017 (Law 959), forwarded it to the Chief Justice of the Supreme Court, to determine whether a prima facie case exists, for the dismissal of the Special Prosecutor, in accordance with article 146 of the 1992 Constitution.

“The fundamental question that arises for pertinent consideration is whether or not the Special Prosecutor is an official whose conduct is impeachable, pursuant to Article 146 of the 1992 Constitution, on the basis of a reference by the President, under of article 15 of the Special Prosecutor’s Office Law of 2017 (Law 959).

“I answer that question in the negative, for the simple reason that Article 146 of the 1992 Constitution does not admit the Office of the Special Prosecutor as one in which the Special Prosecutor is subject to the impeachment provisions provided for in said article.

“Article 15 of the Special Prosecutor’s Office Law of 2017 (Law 959), is an illegitimate tool, which cannot be used, to modify article 146 of the 1992 Constitution and that, invariably, conduct in accordance with article 15 ( supra), It is a violation of articles 289 and 290 of the 1992 Constitution,” says part of the article.

President Nana Addo Dankwa Akufo-Addo last week sent a petition seeking the dismissal of the special prosecutor, Kissi Agyebeng; to the President of the Supreme Court.

The petition was filed by SP Martin Amidu, who has cited Agyebeng, among others, for procurement violations and abuse of power.

Agyebeng was named Amidu’s successor in 2021.

Over the past three years, he has come under harsh criticism from Amidu regarding his leadership style and other operational issues.


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