Constitutional Lawyer Kwame Adofo has responded to the ongoing public demonstrations demanding the removal of Special Prosecutor (OSP) Kisi Agyabeng, clarifying the constitutional process involved and critiquing the legitimacy of some of Agyabeng’s actions.
In an interview with Citizen Kofi Owusu on Ahotor FM, Lawyer Adofo emphasized that the Special Prosecutor is an office created by Parliament through the Office of the Special Prosecutor Act (Act 959), and not a standalone constitutional body immune from dismissal. He stated that Parliament, through specific laws, outlines both the appointment and removal procedures for the Special Prosecutor.
Kwame Adofo explained that the procedure to sack the Special Prosecutor aligns with Article 146 of the Constitution, the same process used for impeaching other constitutional officers. It begins with submitting a petition to the president, who then forwards it to the Chief Justice. If the Chief Justice finds the petition valid, a committee is established to investigate, and its findings are returned to the President for action. This means the demonstrators calling for Agyabeng’s removal are invoking a constitutionally supported mechanism, and such an action is legally feasible.
In addition to discussing the removal process, Lawyer Adofo criticized Kisi Agyabeng’s operations, alleging that the Special Prosecutor is overstepping his constitutional authority. According to the Ghanaian Constitution, specifically Article 88, only the Attorney-General or a delegate has the power to initiate criminal proceedings in court on behalf of the government.
The OSP Act also respects this framework, meaning the Special Prosecutor can not prosecute cases or send people to court without the Attorney-General’s authorization. Adofo argued that charges brought to court by Agyabeng without such authorization are invalid, suggesting that Agyabeng may be pursuing personal interests rather than upholding the law, thereby compromising public trust in the institution.
Lawyer Kwame Adofo thus supports the petitioners seeking Agyabeng’s removal, asserting that the Special Prosecutor’s actions undermine the constitution and the integrity of the justice system. He indicated that either Kisi Agyabeng steps aside or is removed to restore proper constitutional order and public confidence in the Office of the Special Prosecutor.
Story by:: Mercy Addai Turkson #ahotoronline.com