The Office of the President has received ten separate petitions requesting the removal of Special Prosecutor Kissi Agyebeng as well as Electoral Commission Chairperson Jean Mensa and her two deputies, Eric Bossman Asare and Samuel Tettey.
According to sources, the petitions were filed by private citizens alleging various forms of misconduct and incompetence. The petitions are currently before Chief Justice Justice Paul Baffoe-Bonnie for preliminary evaluation.
Legal Framework for Removal
Under Section 16 of the Office of the Special Prosecutor Act 2017 (Act 959), petitions for the removal of the Special Prosecutor must meet a constitutional threshold before further action:
A petition must be submitted to the President.
The President, within seven days, refers it to the Chief Justice, who has 30 days to determine whether a prima facie case exists.
If a case is established, the Chief Justice constitutes a three-member committee:
A Justice of the Supreme Court as Chairperson
A lawyer with at least 15 years’ standing at the Bar
One person with expertise in investigations
The committee investigates within 90 days and submits recommendations to the President via the Chief Justice.
The President is bound to act according to the committee’s findings.
Allegations Against Kissi Agyebeng
Since assuming office in 2021, succeeding Ghana’s first Special Prosecutor, Martin Amidu, Agyebeng has faced criticisms regarding the effectiveness of the office.
In the Ofori-Atta extradition case, legal practitioner Martin Kpebu accused Agyebeng of allowing former Finance Minister Ken Ofori-Atta to leave Ghana while under investigation, calling it “extreme incompetence.”
Lawyer Kweku Paintsil criticized the Special Prosecutor’s frequent press briefings as “highly unprofessional,” arguing that they amount to conducting trials in the court of public opinion rather than the formal legal process.
In 2023, an Accra High Court judge rebuked the OSP for allegedly acting as if it had appellate jurisdiction, calling it a “clear abuse of power.”
Former Special Prosecutor Martin Amidu described Agyebeng as “pathologically dishonest” and “unfit,” particularly regarding public statements on the Strategic Mobilisation Ghana Limited (SML) case.
Allegations Against Jean Mensa and Deputies
The petitions against Jean Mensa, Eric Bossman Asare, and Samuel Tettey focus on alleged mismanagement within the Electoral Commission and call for accountability at the highest levels.
Opinions remain divided on both offices’ performance, with some praising the introduction of accountability mechanisms in public life, while others argue that the institutions have not fully met their mandates.
