Minister in Charge of Government Communications, Felix Kwakye Ofosu has confirmed that the 10 petitions received against Special Prosecutor Kissi Agyebeng and Electoral Commission Chair, Jean Mensa and her two deputies have been forwarded to Chief Justice Paul Baffoe-Bonnie for review.
Speaking at the Government Accountability Series in Accra on Wednesday, January 14, he also clarified that the President’s role in these petitions ends once they are conveyed to the Chief Justice.
He emphasised that the Office of the President cannot comment further until the Chief Justice determines whether the petitions meet the threshold for a prima facie case.
“Unlike the petitions against the Chief Justice, the President’s mandate in respect of the petitions against the Special Prosecutor and the Electoral Commissioner and her two deputies ends with conveying the petitions to the appropriate quarter, which in this instance is the Chief Justice. That was done a couple of weeks ago.
“A total of ten petitions were received, seven against the Electoral Commissioner and her two deputies and three against the Special Prosecutor. The President has no role beyond that, and in that regard, we cannot speak to it.
“The Chief Justice’s office may be in a good position to comment. The President will once again be called to act when the Chief Justice has determined prima facie,” he said.
The petitions were submitted by various individuals and groups raising concerns about alleged misconduct. Those against the Special Prosecutor accuse him of incompetence and abuse of office, while the complaints against the Electoral Commission leadership focus on accountability and how the commission is being managed.
Under Section 16 of the Office of the Special Prosecutor Act 2017 (Act 959), any petition for the removal of the Special Prosecutor must follow a structured legal process.
The President is required to forward petitions to the Chief Justice within seven days, who then has 30 days to determine if there is sufficient evidence to establish a prima facie case.
If such a case is found, the Chief Justice constitutes a three-member committee to investigate and submit recommendations to the President, who is bound to act on the findings.
Kissi Agyebeng has held the office of Special Prosecutor since 2021, succeeding Martin Amidu. His tenure has attracted both praise and criticism, with some commending the OSP for promoting accountability, while others argue the office has fallen short of its mandate.
Legal practitioners have raised concerns over certain actions by the OSP. Martin Kpebu accused Agyebeng of “extreme incompetence” for allowing former Finance Minister Ken Ofori-Atta to leave Ghana while under investigation.
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