The Office of the Special Prosecutor (OSP) is a statutory body established under the Office of the Special Prosecutor Act, 2017 (ACT 959), with its powers and functions clearly defined.
The Act provides a comprehensive framework for the setup, objectives, appointment, and removal of the Special Prosecutor and Deputy Special Prosecutor.
In light of a recent petition calling for the removal of the current Special Prosecutor, Kissi Agyebeng, GhanaWeb examines the legal process for removing the SP from office.
The Act outlines specific grounds for removal, including misbehavior, incompetence, or violation of the oath of office.
A petition seeking removal must be submitted to the President, who must then refer it to the Chief Justice within seven days.
The Chief Justice must establish whether there is a prima facie case against the SP within 30 days and set up a committee to investigate the matter within 14 days.
The committee must submit its findings to the President within 90 days, and the President must act in accordance with the committee’s recommendations.
In addition to the Act, other relevant laws governing the OSP’s operations include the Office of the Special Prosecutor Regulations, 2018 (L.I. 2373), and the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374).
The OSP also receives referrals and complaints from various sources, including Parliament, the Auditor-General, and private individuals.
According to reports, President Akufo-Addo has forwarded a petition to the Chief Justice seeking the removal of Kissi Agyebeng, citing procurement breaches and abuse of office.
The petition was filed by Martin Amidu, the inaugural Special Prosecutor, who has been critical of Agyebeng’s leadership style and operational issues.
