Kissi Agyebeng has rubbished claims that he is too young to occupy the post of special prosecutor.
His comment follows various reports suggesting he is too young to hold such an office, considering the age of his predecessor, Martin Amidu.
Justifying his appointment before the appointments committee of Parliament on Thursday (22 July), Agyebeng said that his extensive knowledge of the law and experience over 15 years as a law lecturer at the University of Ghana Law Faculty, as well as the quality of personnel who understudied him, prove he is capable of being the special prosecutor.
“In terms of experience, as I stated earlier, I was called to the Bar some 18 years ago. I qualify to sit on the Supreme Court of Ghana,” he said. “Indeed, I am three years past the qualification for the Supreme Court.
“I turned 43 on 2 July. I qualify to be the president of the republic. I am age mates with the president of the French republic and I am a year older than the Minister of Justice and Attorney General.
“We were mates at the University of Ghana. There is no question about his age. Why then throw issues about my age?”
Agyebeng added: “To anchor on that, I have had a front role – although I have not been a prosecutor, properly so called, I have had a front role to landmark prosecution in this country.
“When Tiger Eye PI and Anas Aremeyaw Anas come up with their investigative pieces, I am the one who supervised the collation of evidence for presentation to the attorney general. And I have been doing this for quite a while now, and without me, the Attorney General’s Office would be poorer in terms of those prosecutions.”
New journey
If approved, Agyebeng, a 43-year-old legal practitioner who is the managing partner at Cromwell Gray LLP, will become the second person to occupy the post of special prosecutor since the law establishing the Office of the Special Prosecutor (Act 959) came into force in 2017.
Martin Amidu, the country’s first special prosecutor, resigned from office on 16 November 2020, 21 days to the 2020 presidential and parliamentary elections.
Amidu cited “alleged executive interference” with his work. The Office of the President denied the allegations, arguing that he was given a free hand and the resources to operate.
The Attorney General and Minister of Justice, Godfred Dame, wrote to President Akufo-Addo on 16 April 2021, nominating Kissi Agyebeng to serve as special prosecutor, in line with Section 13(1) and (2) of Act 959.
Section 13(8) of the Office of the Special Prosecutor Act 2017 (Act 959) requires the president to appoint a person qualified for appointment as special prosecutor to that position, subject to approval by Parliament, within six months of the position becoming vacant.
Acting Special Prosecutor
Following Martin Amidu’s resignation on 16 November 2020, Ms Jane Cynthia Naa Koshie Lamptey, the deputy special prosecutor, has filled the role in an acting capacity.
This is 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.
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
The functions entrusted to the Office 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);
(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;
(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).
Further, the Office of Special Prosecutor is to:
(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.
Fred Dzakpata and Elliot Nuertey
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