The Project Director of the Democracy Project and Fellow at CDD-Ghana, Dr John Osae-Kwapong, has expressed reservations regarding Martin Amidu's call for the impeachment of Special Prosecutor, Kissi Agyebeng.

Speaking on Joy FM’s Newsfile on Saturday, Dr Osae-Kwapong scrutinised the basis of Mr Amidu's petition from a governance perspective, questioning whether the allegations constitute impeachable offenses.

Although Dr Osae-Kwapong acknowledged the former Special Prosecutor’s right to highlight concerns about his successor’s conduct, he stressed that it must be constructive in order not to erode the trust of the populace in institutions fighting corruption

“Mr Martin Amidu has every right to point to certain things and use them as a basis as to why he doesn't think the special prosecutor has to remain in office. But as I look at some of the basis, I keep asking myself, do these rise to the level of an impeachable offense for which he must be removed from office?”

He further noted that apart from the alleged procurement breaches, the other issues raised by Mr Amidu do not seem to reach the threshold necessary for impeachment.

“Except for maybe the procurement breaches if proven, these other issues, I am not sure, from a governance perspective rises to the level for which you must remove the special prosecutor from Office,” he said.

Citing an example, he noted, “the issue of the abuse of citizens’ rights, for all of the cases that I have followed, I don't recall the Special Prosecutor not granting any of these accused persons due process. The fight against corruption can’t be fought gently. So maybe his approach may have been aggressive, or whatever you may want to describe it, but still, it was geared towards ensuring that, these cases, were prosecuted to an extent as possible and decide as to whether corruption or other corruption-related offenses have been committed.”

Touching on the procurement breaches raised in the petition, Dr Osae-Kwapong also highlighted that there are alternative remedies for addressing procurement infractions.

He questioned the necessity of jumping directly to impeachment, suggesting instead that administrative measures could be employed.

“But as I read through the petition, for me, to remove the special prosecutor from office, and not downplay some of these issues, I think that it has to be egregious enough, that you know, everybody should be able to look at it and say, okay, as for this one, he went too far or he went overboard so he is not fit for office, this is just scandalous, etc.

“But if other administrative remedies can be used to resolve some of these things, then you don't want it to rise to this level of let's remove him from office. For me it's my opinion that if there are other remedies Why not resort to them? Why go first to remove him from office? The law we are talking about has been operational for only a few years, the first special prosecutor has left and we have the second one now, who knows what the outcome is going to be?” he quizzed.

He noted the move by Mr Amidu could negatively impact on the public's confidence in the fight against corruption. Referring to a recent Afrobarometer findings by the CDD-Ghana, he noted the waning public perception of institutional integrity and confidence in anti-corruption efforts.

“It doesn't also set a good precedent for the fight against corruption, and it deepens the already eroding public confidence in the fight against corruption. The confidence in the fight against corruption is on a sharp decline.

“We must hold public officials accountable but it just seems to reinforce this public perception that maybe we are really not committed to this fight against corruption and that is also very worrying. It undermines the confidence that we have overall in our commitment to governance.”

Background

On Friday, May 17, the news emerged that Mr Amidu had petitioned President Akufo-Addo seeking the removal of the incumbent Special Prosecutor.

The petition, dated April 30, 2024, was subsequently conveyed to the Chief Justice, Gertrude Torkonoo on May 6, 2024.

Mr Amidu alleges procurement breaches in the purchase of vehicles for the Office of the Special Prosecutor (OSP) and abuses involving judges and the administration of justice.

Other allegations include violations of citizens’ rights through arrests and detentions, violations of the right to information, and improper appointments of personnel to the office.

Chief Justice asks Kissi Agyebeng to respond to impeachment allegations

Meanwhile, the Chief Justice Gertrude Sackey Torkornoo, has instructed the Special Prosecutor Kissi Agyebeng to provide his comments on the matters raised in a petition seeking his impeachment. According to her, this step is crucial in determining the appropriate course of action to be taken regarding the impeachment process.

Per the directive, the Chief Justice underscored the judiciary's commitment to upholding due process and fairness in handling the matters.

“This is to forward to you a copy of the petition dated 30th April 2024 sent to the Office of the President which was forwarded to the Office of the Honourable Lady Chief Justice on 6 May 2024.

“Kindly provide your comments to the matters raised to enable the Honourable Chief Justice to determine if a prima facie case has been made out,” portions of the letter said.