Special Prosecutor, Kissi Agyebeng, has condemned what he described as dismissive and regressive judicial decision by the judiciary with respect to some cases involving the Office.
According to him, a careful examination of outcomes on cases handled by the judiciary portends a “disturbing specter” that the fight against corruption is being hampered to the disbenefit of all. To this, he expressed his reservation on the impact of such decisions to the fight against corruption.
“There appears to be a developing trend of rather dismissive and regressive judicial decisions in respect of cases involving the OSP, with troubling consequences…. In one case, the OSP applied to the High court for a confirmation of a freezing order in respect of a deceased person’s estate.
“The judge refused to confirm the order, in effect, holding that the OSP had come too late since the person of interest had died and that his death had extinguished the inquiry commenced after the occurrence of death. We publicly commented on this outcome and the danger of this outcome is obvious…”
Kissi Agyebeng
Addressing the media today, November 29, 2023, Mr Agyebeng, stated that he has had several calls from well-meaning lawyers, admonishing him that lawyers who have been elevated to the bench and presiding over cases in court, do not take it very kindly to criticism, especially of the “public calling-out variety” undertaken by the Office.
He highlighted that he was further cautioned that if the Office persists in the media releases, the “judges will gang up against the Office and throw out” all its cases.
However, Mr Agyebeng maintained that his learning of the law for the past 25 years in three different jurisdictions, teaching and training of lawyers and law students for the past 17 years, coupled with 20 years record at the bar all bear testimony that he “will be the last person to head and lead an institution to attack the judiciary”.
“It will be absolutely of no good and utility should it be the case that the OSP is set against the judiciary or that the judiciary is against the OSP. That will surely spell disastrous consequences for this republic, especially in the fight against corruption to the unending glee of corrupt persons. The OSP will not countenance for a moment, such an impression.”
Kissi Agyebeng
The Special Prosecutor clarified that the Office in no way seeks to attack the judiciary, noting that the OSP’s statement of position on judicial pronouncements is in the context of the fight against corruption and whether it benefits the quest against corruption or otherwise.
“This is so whether the judicial decision in question is favorable to the OSP or not, and to the well-meaning lawyers who call to admonish me, I always assure them that I do not believe that our judges see themselves as above criticism…”
Kissi Agyebeng
Fighting corruption in Ghana
Furthermore, Mr Agyebeng indicated that a major pillar on the fight against corruption is transparency on the part of anti-corruption agencies. Corruption, he lamented, is perpetrated in “stealth and in secrecy”, and it thrives on its shrouded attributes.
As such, to tackle corruption, he emphasized that all must fight it openly and bear it out in light for public scrutiny.
“At the OSP, we uphold transparency, and we inform the public promptly on occurrences and developments in respect of the cases under investigation and before the law courts. We do so where the publications will not endanger national security or compromise an ongoing investigation, or unnecessarily impair the reputation of persons under investigation.”
Kissi Agyebeng
In pursuance of transparency, Mr Agyebeng stated that the Office has adopted a policy that it will issue a media release after every major judicial pronouncement or decision by informing the public on judges’ opinion in cases involving the OSP and also stating the position of the Office on the opinion in question.
He explained that the position of the OSP usually determines whether the opinion progresses the fight against corruption or inhibits the fight against corruption.
“The policy is as novel as the Office itself and much like every aspect and operation of the Office, the policy has generated public debate on its propriety or otherwise. Those who applaud this policy for transparency, see it for what it is… Those who decry it see it as an attack on the judiciary.”
Kissi Agyebeng
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