Chief Justice throws out petition to remove Kissi Agyebeng as Special Prosecutor

The Chief Justice, Gertrude Sackey Torkornoo, has dismissed a petition filed by former Special Prosecutor, Martin Amidu, seeking the removal of his successor, Kissi Agyebeng, from office.

According to sources, the Chief Justice determined that the petition failed to establish a prima facie case against the Special Prosecutor, citing a lack of sufficient factual and legal grounds.

The petition, dated April 30, 2024, was sent to the President and subsequently forwarded to the Chief Justice on May 6, 2024. Amidu alleged procurement breaches, abuses of power, and violations of citizens’ rights by the OSP. Specifically, he claimed that the OSP had engaged in procurement breaches in the purchase of vehicles, abused its office by arresting individuals such as Cecilia Dapaah and Prof Frimpong Boateng, and violated citizens’ rights through arrests and detentions.

In a written response, Amidu expressed disappointment at the outcome, stating that he was not provided with a copy of the Chief Justice’s review of the petition. He questioned the transparency and accountability of the process, but acknowledged that the outcome was in line with judicial discretion.

“I have today received a one-page letter from the Presidency with reference number OSP 307/24/659 dated 2 July 2024 notifying me that: “… the Honourable Chief Justice, Mrs. Justice Gertrude Sackey Torkornoo, has submitted her review of the existence or absence of a prima facie case with respect to your petition.” I was then informed that: “In accordance with section 15 (3) of the Office of the Special Prosecutor Act, 2017, the Chief Justice determined that the factual and legal foundation of the petition fall short of the standard required to establish a prima facie case for the removal of the Special Prosecutor.”

“I was not given a copy of the “review of the existence or absence of a prima facie case” submitted by the Chief Justice leading to her determination with respect to my petition to aid the accountability and transparency of the outcome. The outcome of the petition was not mine to make, and I ought not normally to have any regrets whatsoever about any outcome made in accordance with the taught traditions of the exercise of judicial discretion, in which a determination is made by the Chief Justice that my petition disclosed no prima facie case for the Special Prosecutor to answer,” he added.

The development marks the end of Amidu’s bid to remove Agyebeng from office, but the former Special Prosecutor remains critical of the OSP’s conduct.

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