Three separate petitions have been submitted to President John Dramani Mahama seeking the removal of Special Prosecutor Kissi Agyebeng, citing allegations of financial mismanagement, conflict of interest, and dereliction of duty.
The most detailed petition, filed by the Coalition for Integrity in Governance (COFIIG), accuses Mr. Agyebeng of “incompetence” and misappropriating public funds allocated to the Office of the Special Prosecutor (OSP) since 2021. The group alleges that despite more than GHS364 million in allocations, no audited financial statements have been made available to the public.
Performance Questions Raised
COFIIG argues that the absence of major corruption convictions or significant asset recoveries during his tenure reflects poor performance. The group further claims the Special Prosecutor withheld investigative dockets from the Attorney-General for months, allegedly delaying the extradition process involving former finance minister Ken Ofori-Atta.
Signed by COFIIG Executive Chairman Simon Yaw Awadzi, the petition urges President Mahama to initiate removal proceedings under Section 15 of the OSP Act and Article 146 of the Constitution. It also calls for a forensic audit of the OSP’s accounts and for Mr. Agyebeng to step aside while investigations proceed.
Second Petition Targets Ofori-Atta Handling
A second petition, submitted by Apostle Abraham Lincoln Larbi—who recently led a protest alongside private legal practitioner Martin Kpebu—also accuses the Special Prosecutor of mishandling issues relating to Mr. Ofori-Atta.
Mr. Larbi claims Mr. Agyebeng “disrespected” the Attorney-General by refusing to hand over a critical docket and alleges collusion with the former minister to frustrate accountability efforts.
Anonymous Petition Focuses on SML Case
The third petition, filed anonymously, focuses solely on the Strategic Mobilisation Ghana Limited (SML) matter. It accuses the Special Prosecutor of failing to exercise his police powers to arrest Mr. Ofori-Atta and “lying” about seeking support from security agencies. According to the petitioner, these actions undermine public confidence in national anti-corruption efforts.
Collectively, the petitions paint a portrait of alleged misconduct and inefficiency, though the Presidency has yet to issue a public response.
Mr. Agyebeng, appointed in 2021, has previously defended his performance, citing political pressure and institutional constraints as challenges in the fight against corruption.
Presidency Confirms Receipt and Referral
Meanwhile, the Jubilee House has confirmed receiving 10 petitions—seven targeting the Electoral Commission (EC) leadership and three seeking Mr. Agyebeng’s removal. President Mahama has forwarded all petitions to Chief Justice Paul Baffoe-Bonnie for action.
“Every process that needed to be done has been undertaken. At this stage, the process has left the hands of the President beyond conveying the petitions to the Chief Justice,” Government Spokesperson Felix Kwakye Ofosu told JoyFM.
Constitutional Removal Process Activated
Under Article 70 of the Constitution, the President appoints EC officials based on advice from the Council of State, and their removal is governed by Article 146. The Special Prosecutor is similarly protected, with Section 15 of the OSP Act outlining grounds for dismissal, including misconduct, incapacity, or conduct prejudicial to the state.
The Chief Justice must first determine whether a prima facie case exists. If established, a committee is empanelled to investigate and submit recommendations to the President, who is required to act on its findings. All proceedings are conducted privately, with affected officials entitled to defend themselves.
Officials say the petitions are now under review by Chief Justice Baffoe-Bonnie, signalling the beginning of the constitutionally mandated investigative process.
