Kissi Agyebeng’s conduct has raised issues about OSP – Kpebu

Private legal practitioner Martin Kpebu says concerns about the Office of the Special Prosecutor stem from its current leadership, not its existence.

Speaking on TV3 on April 9, Kpebu maintained that the anti-corruption body remains essential to Ghana’s governance framework but questioned the performance of the current Special Prosecutor, Kissi Agyebeng.

“We need the Office of the Special Prosecutor. Now, questions are being raised because of the conduct of the current occupant of the office,” he said.

Kpebu stressed that any attempt to weaken the institution would be counterproductive, particularly in the fight against corruption involving politically exposed persons. He argued that the office must operate independently to be effective.

On the ongoing legal challenge regarding the OSP’s prosecutorial authority, he warned that subjecting its decisions to prior approval from the Attorney-General could undermine its mandate.

“If we have to take OSP briefs to the A-G before the OSP goes to prosecute, then it will also create a problem. It will draw us back,” he added.

His comments come amid a broader legal and constitutional debate over the powers of the OSP. The Supreme Court of Ghana is currently hearing a case that questions whether the office can initiate prosecutions without clearance from the Attorney-General.

Chairman of the Constitutional Review Committee, H. Kwasi Prempeh, has also weighed in, criticising the court’s handling of the matter. He argued that preventing the OSP from defending its own mandate undermines the integrity of the judicial process.

“So the Supreme Court of Ghana will not allow the ‘real party in interest,’ the OSP in this case, to defend against a lawsuit challenging the constitutionality of its statutory establishment and existence,” he stated in a Facebook post.

He further described the situation as problematic, noting that allowing the Attorney-General—represented by Deputy Attorney-General Justice Srem Sai—to take a position aligned with the plaintiff distorts the adversarial nature of legal proceedings.

“The Court is essentially privileging ‘form over substance’ and encouraging collusive suits or ‘sham cases’,” he said, warning that such an approach weakens the quality of legal argument presented before the bench.

The case itself was initiated by private citizen Noah Ephraem Tetteh Adamtey, who is challenging provisions of the OSP Act, 2017 (Act 959). The lawsuit focuses on whether the law granting the OSP independent prosecutorial authority conflicts with the 1992 Constitution.

In its response, the Office of the Attorney-General argues that Article 88 vests exclusive prosecutorial powers in the Attorney-General, making any parallel authority unconstitutional.

The Supreme Court had earlier dismissed an application by the OSP to join the suit, siding with the Attorney-General’s position that the office was not a necessary party.

Observers say the outcome of the case could significantly redefine the operational scope of the OSP. If the Attorney-General’s argument succeeds, the anti-corruption body may be required to seek formal approval before initiating prosecutions, a shift critics believe could weaken its independence.

Despite these uncertainties, Kpebu insists the focus should remain on improving leadership rather than dismantling the institution itself.

Source: OnuaOnline