Become a member

Get the best offers and updates relating to Liberty Case News.

― Advertisement ―

spot_img
HomeNewsKwame Akuffo: The Special Prosecutor's impeachment process is unlawful

Kwame Akuffo: The Special Prosecutor’s impeachment process is unlawful

Kwame Akuffo, a private attorney, has questioned whether Kissi Agyebeng, the Special Prosecutor, can be impeached.

Article 146 of the 1992 Constitution, according to the well-known legal expert, makes it unlawful to remove Mr. Agyebeng from his position.

President Akufo-Addo has been requested to fire Mr. Agyebeng by former Special Prosecutor Martin Amidu in a petition.

In the petition dated April 30, 2024, misbehavior involving judges and the administration of justice at Mr. Agyebeng is accused, along with procurement problems in the Office of the Special Prosecutor’s (OSP) car acquisition. The Chief Justice has been notified of the petition in order to initiate a preliminary case.

However, Mr. Akfuffo stated in his report that, “Based on a referral by the President under Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), the fundamental question that arises for pertinent consideration is whether or not the Special Prosecutor is an office holder whose conduct can be the subject matter of impeachment under Article 146 of the 1992 Constitution.”

“I respond negatively to that query for the straightforward reason that the Office of the Special Prosecutor is not recognised by Article 146 of the 1992 Constitution as a place where the Special Prosecutor is subject to the requirements of that Article regarding impeachment. Article 146 of the 1992 Constitution cannot be amended by Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), and any action taken in accordance with Section 15 (above) will inevitably violate Articles 289 and 290 of the 1992 Constitution.

In order to set the scene, it is useful to know that the Office of the Special Prosecutor Act, 2017 (Act 959) almost equalises the position’s standing with that of a Court of Appeal Judge appointed under the 1992 Constitution.

Therefore, in order to proceed with the impeachment of the Office of the Special Prosecutor, we must call into question the legality of the President’s referral to the Chief Justice. Maybe new laws should be passed by Parliament to remove the Special Prosecutor.

The petition that Kissi Agyebeng, the Special Prosecutor, be removed was forwarded to him by Chief Justice Her Ladyship Justice Gertrude Torkornoo on May 17 for his response.

President Akufo-Addo petitioned the Chief Justice to have Special Prosecutor Kissi Agyebeng removed, and that was when this action was taken.