The former Special Prosecutor, Martin Amidu, has disclosed that the Special Prosecutor, Kissi Agyebeng, has not been paid because he is asking for a higher personalized salary than that offered him.
According to him, he read a news story on myjoyonline.com on 15th December 2022 in which it was reported that: “Exclusive documents available to Joy News indicate that the Special Prosecutor, Kissi Agyebeng and his staff are yet to receive their salaries, 16 months after assuming office”.
He stated that per the said documents, only the Deputy Special Prosecutor has been paid, leaving other staff of the office agitated, further noting that the former Special Prosecutor, Martin Amidu, is owed salary arrears.
Mr Amidu stated that owing to the fact that his name has been mentioned in respect of the supposed salary arrears, he accordingly invokes his right to a rejoinder under Article 162(6) of the Constitution.
“My information is that the SP has not been paid because he is asking for a higher personalized salary than that offered him. I do not want to be part of the SP’s discourse on his salary and my relationship to any salaries when I served.”
Martin Amidu
Mr Amidu indicated that he agreed to the request by the President to be the Special Prosecutor (SP) not for the purpose of the salary and/or benefits attached to the Office but for the patriotic duty of fighting corruption which he had been undertaking at personal expense before his appointment. Consequently, he underscored that he knows how to fight his own cause and he does not need anybody to do so on his behalf.
“The Special Prosecutor holds a warrant of appointment from the President and is at liberty to pick up whatever method and fights he wishes with his appointing authority for himself and on behalf of his friends and cronies who do not hold any warrant of appointment under Section 21 of the Office of the Special Prosecutor Act, 2017 (Act 959) and Article 195(1) of the 1992 Constitution.”
Martin Amidu
The former SP explained that whoever provided documents to Joy News should have included his petition dated 31st August 2022 to the Chairman of the Public Services Commission on the unconstitutional appointment of permanent staff to the Office of the Special Prosecutor contrary to Section 21 of Act 959 and Article 195 of the 1992 Constitution.
Additionally, he revealed that the person should also have made available to Joy News his letter dated 2nd September 2022 addressed to the Minister of Finance, the Auditor-General, the Accountant-General, and the Chairman of the Public Accounts Committee of Parliament referring to his petition and “warning them of the danger of making unconstitutional disbursement from the public purse to unlawfully appointed staff of the OSP”.
“I copied each of my above letters to the Chairperson of the OSP, and the Special Prosecutor, amongst others. Joy News should have asked for the appointment warrants or letters for the so-called staff of the OSP as part of the documents available to it and it would have found that no appointment has been made by the President to the OSP in accordance with the advice of the OSP Board and in consultation with the Public Services Commission.”
Martin Amidu
All the unconstitutional appointments made by the OSP before the Board was appointed in June 2022, Mr Amidu highlighted, do not contain the salary levels of the appointees and do not state that they were appointed by the President under Section 21 of Act 959 and Article 195 of the 1992 Constitution.
Appointment of staff at OSP
He opined that there is no official reference number to each letter and no other person is copied to be informed about the appointment, such as the Chairman Public Services Commission, the Minister of Finance, the Auditor-General, the Accountant-General, the Chairperson of the Board, and the Presidency as is usual when persons are appointed by warrant under the authority of the President.
“Not even the Chief Accountant of the OSP is copied. The Special Prosecutor signed the supposed letters of appointment, without any authority whatsoever. How does the Government pay such workers who do not hold valid warrants of appointment? The Minister of Finance and the Accountant-General cannot authorise the payment of salaries for newly appointed staff without verifying that the persons have been properly appointed in accordance with the 1992 Constitution.”
Martin Amidu
Martin Amidu emphasized that Parliament cannot support such unconstitutionality and it is for this reason that he addressed his letter to the Chairman of the Public Accounts Committee of Parliament who happens to be the Deputy Minority Leader of Parliament. He noted that the Deputy Minority Leader was under a duty to inform the Minority Leader which he failed to do for his own reasons.
Mr Amidu revealed that the OSP was established to ensure that it demonstrates integrity in the recruitment of permanent staff transparently and accountably in accordance with the provisions of Article 195 and Section 21 of Act 959. As such, the OSP cannot in the name of fighting corruption, “corruptly and unconstitutionally recruit cronies” and friends from Cromwell Gray LLP and others associates without the involvement of the Board and the Public Services Commission.
Subsequently, he stated that an OSP that intends to “rape the public purse massively for cronies” and friends in contravention of the 1992 Constitution has gone rogue and has become itself a corrupt institution that cannot fulfil any objects and functions under Act 959.
“We do the public a great disservice when we accuse or indict the Government for not facilitating the fight against corruption when the fault lies squarely with an Office which has gone rogue under a Special Prosecutor who acts corruptly in violation of Article 195 the 1992 Constitution and Section 21 of Act 959. It is only a corrupt OSP that will encourage the media to call the Government a bad name just to hang it when the culprit is the OSP itself. Where is integrity in the fight against corruption?”
Martin Amidu
