Asaase News can confirm that the Minister of Justice and Attorney General, Godfred Dame, has written to the president, Nana Addo Dankwa Akufo-Addo, to nominate Kissi Agyebeng to serve as Special Prosecutor, subject to approval by Parliament.
The Office of the President received the nomination on 16 April 2021, highly placed sources in the Attorney General’s office told Asaase News.
Agyebeng is currently the chairman of the Electronic Communications Tribunal.
The 43-year-old legal practitioner and managing partner at Cromwell Gray LLP could replace Martin Amidu, who resigned in November 2020, citing “executive interference” with his work. The Office of the President denied his allegations, saying he was given the free hand and resources to operate.
The law compels the president to appoint a Special Prosecutor within six months of the position being vacant. Asaase News over the weekend reported that Nana Akufo-Addo would be naming the new Special Prosecutor soon following the AG’s nomination.
Professional profile of Kissi Agyebeng
Cornell Law School, Ithaca, New York
Master of Laws (LLM) – corporate law, securities regulation, international commercial arbitration, international economic relations (WTO) and international business transactions, received May 2006
Editor: Cornell LLM Newsletter
Schulich School of Law, Dalhousie University, Halifax, Nova Scotia, Canada
Master of Laws (LLM) – marine and environmental law, received May 2005
Ghana School of Law, Accra, Ghana
Professional Law Course (2001-2003)
Academic honour: E N Sowah Memorial Award for Best Student in Family Law
University of Ghana, Legon, Ghana
Bachelor of Laws (LLB), received May 2001.
Academic honours: First-class honours; Bentsi-Enchill Award for Best Graduating Law Student
Accra Academy, Accra, Ghana
GCE Ordinary level – 1994
GCE Advanced level – 1996
Special positions
- Chairman, Electronic Communications Tribunal, Ghana (since 2019)
- Notary public, Republic of Ghana (since 2019)
- Vice-chairman, appeals committee, Ghana Football Association (2017-2018)
- Associate – African Center for Cyber Law and Cyber Crime Prevention (since 2010)
- National co-ordinator – Commonwealth Moot Court Competition on International Criminal Justice (since 2017)
- Former editor, Ghana Monthly Judgments (2008-2009)
Academia
University of Ghana School of Law, Legon
(Since 2006)
Lecturer: Criminal law; international humanitarian law; international law; company law; commercial law; legal research and writing
Ghana Institute of Management and Public Administration (GIMPA), Faculty of Law, Greenhill
(2013-2014)
Lecturer: Criminal law
Central University College, Faculty of Law, Accra
(2013)
Lecturer: Criminal law
Mountcrest University, Faculty of Law, Accra
(2012)
Lecturer: Criminal law
Legon Centre for International Affairs and Diplomacy (LECIAD) – Ghana Armed Forces Staff College, Teshie, Accra
(2011)
Lecturer: International humanitarian law
Regional Maritime University, Nungua, Accra
(2009)
Adjunct lecturer: Law of the sea
Professional memberships
Admitted to the Ghana Bar in 2003
Member, Ghana Bar Association
Acting SP
As a result of the events of 16 November 2020, Jane Cynthia Naa Koshie Lamptey, the Deputy Special Prosecutor, has been serving in an acting capacity, in accordance with Section 17 (3) of Act 959, which states: “The Deputy Special Prosecutor shall act in the absence of the Special Prosecutor or in the event of a vacancy in the position of the Special Prosecutor.”
She has held the fort for over five months.
Our checks suggest that, although happy to play the acting role, the experienced prosecutor has made it clear that she will not be interested in a permanent elevation.
The OSP’s mandate
Act 959, which establishes the Office of the Special Prosecutor, spells out three main objectives of the Office, namely:
(i) investigate and prosecute alleged corruption or suspected corruption and corruption related offences;
(ii) recover the proceeds of corruption and corruption related offences; and
(iii) take steps to prevent corruption.
Functions of the OSP
Among the functions entrusted to the Office of the Special Prosecutor are:
(a) the investigation and prosecution of cases of alleged or suspected corruption and corruption related offences under the Public Procurement Act 2003 (Act 663); and
(b) investigation and prosecution of cases of alleged corruption and corruption related offences under the Criminal Offences Act 1960 (Act 29) involving public officers, politically exposed persons and persons in the private sector involved in the commission of the offence.
Other responsibilities
(c) Investigation and prosecution of cases of alleged or suspected corruption and corruption related offences involving public officers, politically exposed persons and persons in the private sector involved in the commission of the offence under any other relevant law;
(d) recover and manage the proceeds of corruption;
(e) disseminate information gathered in the course of investigation to competent authorities and other persons the Office considers appropriate in connection with the offences specified in paragraphs (a) and (b).
The Office of Special Prosecutor is to further:
(f) co-operate and coordinate with competent authorities and other relevant local and international agencies in furtherance of the act; and
(g) receive and investigate complaints from a person on a matter that involves or may involve corruption and corruption-related offences.
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