Martin Kpebu, a private legal practitioner, has publicly disagreed with Martin Amidu, the former Special Prosecutor’s, petition calling for the removal of the incumbent Special Prosecutor Kissi Agyabeng, expressing his opposition to the move.
Martin Kpebu believes that the situation has not reached a point where the Special Prosecutor, Kissi Agyabeng, should be removed, and has described Martin Amidu’s move to have him removed as “unnecessary” and premature.
While Martin Kpebu acknowledges that criticizing the Special Prosecutor is valid, he believes that calling for his impeachment is a step too far and unwarranted.
Moreover, despite acknowledging the Special Prosecutor’s imperfections, Martin Kpebu maintained that he is generally doing a good job and deserves support.
“It’s not fair; generally, he has done well as Special Prosecutor. Kissi is independent-minded and very outspoken. He is the personification of integrity so why have him impeached if he is doing the right thing,”
Martin Kpebu
Similarly, private legal practitioner Samson Lardy Anyenini dismissed Amidu’s objections to Agyabeng as unsubstantial and driven by envy of Agyabeng’s accomplishments, implying that Amidu’s motives are personal rather than principled.
Meanwhile, Chief Justice Gertrude Torkornoo has forwarded the petition seeking the removal of Special Prosecutor Kissi Agyebeng to him, requesting his response to the allegations.
The Chief Justice asked the Special Prosecutor to respond to the allegations raised by Martin Amidu, so she can assess whether a prima facie case exists and determine the next course of action.
This development comes just days after President Nana Akufo-Addo referred a petition calling for the removal of Kissi Agyabeng as Special Prosecutor to the Chief Justice for consideration.
Former Special Prosecutor Martin Amidu submitted the petition to the President, alleging procurement breaches in the purchase of vehicles for the Office of the Special Prosecutor (OSP).
Furthermore, Martin Amidu accused the Special Prosecutor of abusing judges and the administration of justice, noting that Kissi Agyebeng intentionally and deliberately summoned the media at public expense to, directly and indirectly, bring undue pressure to bear on judges in the exercise of their judicial power and function.
“The OSP, an agency of the executive branch accordingly failed in its constitutional duty to protect the independence, dignity, and effectiveness of the courts by scurrilously abusing and scandalizing the courts and the administration of justice”.
Martin Amidu
As such, Martin Amidu noted that the Special Prosecutor violated clause 2 of Article 127 which states clearly that, “neither the President nor Parliament nor any other person whatsoever shall interfere with Judges or judicial officers or other persons exercising judicial power, in the exercise of their functions”.
Allegations of Human Rights Violations
Furthermore, Martin Amidu accused the Special Prosecutor of infringing on citizens’ rights through unlawful arrests and detentions, specifically citing the cases of Cecilia Dapaah and Prof. Frimpong Boateng as egregious examples.
Martin Amidu argued that the Special Prosecutor’s arrests and detentions of citizens contravened fundamental rights enshrined in the 1992 Constitution, specifically Articles 13, 14, 15, 17, and 19, which guarantee liberty, freedom, equality, freedom from discrimination, and the right to a fair trial.
Furthermore, Martin Amidu accused the Special Prosecutor of infringing on the right to information, which is essential for transparency and accountability, by withholding crucial information from the public and other entities that require it, such as civil society organizations, and other stakeholders.
He stated that withholding information undermines the ability to scrutinize and hold the Office of the Special Prosecutor accountable for its actions.
Additionally, Martin Amidu alleged that the Special Prosecutor has made improper appointments to the office which undermines the independence and effectiveness of the office and compromises its ability to impartially investigate and prosecute corruption cases.
As such, the petition, lodged by former Special Prosecutor, Martin Amidu, urged President Akufo-Addo to dismiss Mr. Kissi Agyabeng from his post as Special Prosecutor.
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