Minister for Government Communications, Felix Kwakye Ofosu, has disclosed that ten petitions lodged against Special Prosecutor Kissi Agyebeng and Electoral Commission (EC) Chairperson Jean Mensa, along with her two deputies, have been referred to Chief Justice Paul Baffoe-Bonnie for consideration.
Addressing the Government Accountability Series in Accra on Wednesday, January 14, Mr Kwakye Ofosu explained that the President’s involvement in the matter ceases once the petitions are handed over to the Chief Justice.
“Unlike the petitions against the Chief Justice, the President’s mandate in respect of the petitions against the Special Prosecutor and the Electoral Commissioner and her two deputies ends with conveying the petitions to the appropriate quarter, which in this instance is the Chief Justice. That was done a couple of weeks ago,” he stated.
He further noted: “A total of ten petitions were received, seven against the Electoral Commissioner and her two deputies and three against the Special Prosecutor. The President has no role beyond that, and in that regard, we cannot speak to it. The Chief Justice’s office may be in a good position to comment. The President will once again be called to act when the Chief Justice has determined prima facie.”
The petitions, filed by different individuals and organisations, accuse the officials of misconduct. Allegations against the Special Prosecutor include incompetence and abuse of office, while those directed at the EC leadership concern accountability and the Commission’s management.
According to Section 16 of the Office of the Special Prosecutor Act, 2017 (Act 959), any petition seeking the removal of the Special Prosecutor must follow a prescribed legal procedure. The President is obliged to transmit such petitions to the Chief Justice within seven days, after which the Chief Justice has 30 days to decide whether a prima facie case exists.
Should a prima facie case be established, the Chief Justice must set up a three-member panel to probe the claims and present its findings to the President, who is required to act on the recommendations.
Mr Agyebeng, who took office in 2021 following the resignation of Martin Amidu, has faced mixed reviews. While some commend the Office of the Special Prosecutor (OSP) for promoting accountability, others argue it has not fully met public expectations.
Certain members of the legal fraternity have also voiced criticism. Private lawyer Martin Kpebu, for example, accused Mr Agyebeng of “extreme incompetence” in his handling of issues involving former Finance Minister Ken Ofori-Atta.
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