Kissi Agyebeng nominated as Special Prosecutor

Following the resignation of Martin Amidu as Special Prosecutor last year, the Attorney General and Minister of Justice has nominated the Chairman of the Electronic Communications Tribunal, Kissi Agyebeng, as the next Special Prosecutor.

When vetted and approved by Parliament, Mr Agyebeng will replace Mr Amidu, who resigned from the position on November 15, 2020.

A letter dated April 16, 2021, and addressed to the Presidency by Attorney-General Godfred Yeboah Dame, draws attention to the fact that after the resignation of Mr Amidu, Section 13(8) of the Office of the Special Prosecutor Act, 2017 (Act 959) requires the President to appoint a person qualified for appointment as Special Prosecutor to that position within six months of the Office of Special Prosecutor becoming vacant.

To this end, Attorney-General and Minister of Justice, in accordance with Section 13 (3) of Act 959, nominated Mr Kissi Agyabeng “for appointment to the position of Special Prosecutor, subject to the approval of majority of all Members of Parliament.”

According to Mr Godfred Yeboah Dame, he is satisfied that “Kissi Agyebeng possesses the requisite expertise on corruption and corruption-related matters, is of high moral character and proven integrity and satisfies all the other requirements stipulated in section 13(1) and (2) of Act 959.”

About nominee

Mr Kissi Agyebeng, who was called to the Ghana Bar in October 2003, holds a Bachelor of Laws (LLB) degree from the University of Ghana, as well as Master of Laws (LLM) degrees from Schulich School of Law, Dalhousie University, Canada, and Cornell Law School, USA.

He is a lecturer in Criminal Law, International Humanitarian Law, International Law, Company Law, Commercial Law, Legal Research and Writing.

He taught Criminal Law at Mountcrest University and Central University College in 2012 and 2013 respectively.

Before that, he also lectured in International Humanitarian Law at the Legon Centre for International Affairs and Diplomacy (LECIAD) – Ghana Armed Forces Staff College, Teshie, Accra

He has, since 2006, been teaching Criminal Law at the University of Ghana, whilst engaging in private law practice.

Acting SP

As a result of the events of November 16, 2020, Jane Cynthia Naa Koshie Lamptey, the Deputy Special Prosecutor, has been acting as the Special Persecutor, in accordance with section 17 (3) of Act 959, which states, “the Deputy Special Prosecutor shall act in the absence of the Special Prosecutor or in the event of a vacancy in the position of the Special Prosecutor.” She has held the fort for over five months.

Credible information available to the Daily Statesman suggests that while happy to play the acting role, the experienced prosecutor had made it clear that she would not be interested in a permanent elevation.

OSP

The Office of the Special Prosecutor has the mandate to investigate and prosecute all suspected corruption and corruption-related offences as pertaining to public officers, politically exposed persons and persons in the private sector alleged to have been involved in any corruption and corruption-related offences.

Apart from initiating investigations on its own, Act 959 gives the Office of the Special Prosecutor the power to receive and investigate complaints of alleged corruption from the public or investigate suspected corruption or corruption-related offences upon referral from public bodies such as the Attorney General’s Department, the Commission on Human Rights and Administrative Justice (CHRAJ) and the Economic and Organised Crime Office (EOCO).