President forwards Agyebeng’s nomination to Parliament

The President, Nana Addo Dankwa Akufo-Addo, has forwarded the nomination of Mr Kissi Agyebeng as Special Prosecutor to the Speaker of Parliament for vetting and approval.

This was after the President had accepted the nomination from the Attorney-General and Minister of Justice, Mr Godfred Yeboah Dame, under section 13(3) of Act 959 for consideration as the second occupant of the Office of Special Prosecutor.

A statement issued and signed by the Director of Communications at the Presidency, Mr Eugene Arhin, in Accra yesterday said the President by a letter to the Speaker, Mr Alban Bagbin, dated April 29, 2021, sought Parliament's approval of the appointment.

Mr Agyebeng’s nomination is to appoint a replacement for the first Special Prosecutor, Mr Martin Alamisi Burnes Kaiser Amidu, who resigned from the role late last year.

It will be recalled that President Akufo-Addo accepted the resignation from office of Mr Amidu on November 16, 2020, and, in accordance with section 13(8) of the Office of Special Prosecutor Act, 2017 (Act 959), is required to appoint a replacement within six (6) months of the position becoming vacant.

Bar

Mr Agyebeng was called to the Bar in October 2003 and holds a Bachelor of Laws (LLB) degree from the University of Ghana and Master of Laws (LLM) degrees from Dalhousie University and Cornell Law School.

He is a Criminal Law lecturer at the Faculty of Law, University of Ghana, Legon, and also engaged in private law practice.

The statements said: “President Akufo-Addo deemed Mr Kissi Agyebeng as being eminently qualified to become Special Prosecutor”.

Reaction

Mr Agyebeng’s proposed nomination, exclusively published by the Daily Graphic and later confirmed by the Chief Justice, had attracted varied reactions from the general public.

While a number of people believed that he has what it took to do the job, others were of the opinion he did not have the clout to be the anti-corruption chief.

Among those opposed to his nomination was the man who first occupied the position, Mr Amidu, who described the nominee as a surrogate of people who defended the Agyapa Mineral royalties deal.

“The Agyapa Royalties Transaction records show the role the President’s cousin who established Africa Legal Associates, and Asaase Radio played with White & Case LLP of London, one of the foreign law firms in the suspected corruption transaction.

“ It must, therefore, be worrying to any patriotic Ghanaian not afraid of the culture of silence to see Asaase Radio undertaking political propaganda beginning on 25th April, 2021 to 26th April, 2021 to prepare the minds of the Ghanaian and international public to accept the surrogate of the alter ego of the Asaase Radio station and Africa Legal Associates as the Special Prosecutor as mandated under section 4(1) of the Office of the Special Prosecutor Act, 2018 (Act 959),” Mr Amidu wrote in a statement.

The Minority Leader, Mr Haruna Iddrisu also described the nomination as "a big disappointment" on the part of the Akufo-Addo government.

Mr Haruna Iddrisu said the nomination of Mr Agyebeng by the Attorney-General and the Minister of Justice, Mr Godfred Yeboah Dame, reflected a sluggish posture of a government that was not seriously committed to the fight against corruption.

According to him, the nominee did not have "the credentials and weight" needed for

needed for combating corruption.

????"Compared to the former Special prosecutor, Mr Martin Amidu, in terms of stature, Mr Agyebeng is a non-starter, does not have the experience, integrity and reputation.????

However, those supporting his nomination base their argument on the experience the nominee has as a lawyer

A member of the New Patriotic Party’s (NPP) legal team, Gary Nimako was of the strong view that with about 20 years of experience as a lawyer, Mr Agyebeng could adequately handle the position.

He stated that Mr Agyebeng should be given the chance to face Parliament and subsequently be judged based on the work he would do as the Special Prosecutor if approved.

????“What I expect to be done is that by God willing he passes the parliamentary approval, and builds a very solid formidable office of special prosecutor, made up of experienced prosecutors who will be there,” he said.????

A former Deputy Attorney-General, Joseph Kpemka, also insisted that the nominee was qualified for the role.

“He has the experience and if the constitution says at 40 you qualify to lead, even as president, then Agyebeng at his age is qualified to be considered for the role of Special Prosecutor which is very much within his profession,” Mr Kpemka said.

The nomination

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 within six months of the office becoming vacant.

The Office of the Special Prosecutor has the mandate to investigate and prosecute all suspected corruption and corruption-related offences as pertaining to public officers, politically exposed persons and persons in the private sector alleged to have been involved in any corruption and corruption-related offences.

Apart from initiating investigations on its own, Act 959 gives the Office of the Special Prosecutor the power to receive and investigate complaints of alleged corruption from the public or investigate suspected corruption or corruption-related offences upon referral from public bodies such as the Attorney-General’s Department, the Commission on Human Rights and Administrative Justice (CHRAJ) and the Economic and Organised Crime Office (EOCO).