Kissi Agyebeng on OSP law and powers during his vetting
via GhanaWeb3 min read
The prosecutorial powers of the Office of the Special Prosecutor OSP are under public debate after a High Court in Accra directed the Attorney General and Minister of Justice to take over OSP cases until prosecutorial authorization is granted. The Deputy Attorney General and Minister of Justice has also asked the Supreme Court to declare Section 42 of the OSP Act unconstitutional. This section states that the OSP requires authorization from the Attorney-General to prosecute corruption offenses, subject to Article 884 of the Constitution, which allows the Attorney General or an authorized person to prosecute offenses. Article 883 of the Constitution states that the Attorney General is responsible for all criminal prosecutions. During his 2021 parliamentary vetting for the Special Prosecutor role, Kissi Agyebeng, in response to a question from Member of Parliament Mahama Ayariga, stated that the OSP law was "clearly problematic, constitutionally." He identified Article 883 as the source of the problem and noted that Parliament attempted to reconcile this with the OSP Act in a "side-wind fashion." Agyebeng indicated his readiness to collaborate with Parliament to address these issues.
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This summary was AI-generated from a story originally published by GhanaWeb.
Must ReadPrivate legal practitioner Martin Kpebu has advised President John Dramani Mahama not to interfere in the ongoing legal dispute concerning the powers of Special Prosecutor Kissi Agyebeng. Kpebu stated in an interview on TV3’s The KeyPoints that some Civil Society Organisations are reportedly urging President Mahama to protect Kissi Agyebeng. He emphasized that any action taken by the president in this matter would be remembered and urged him to allow legal processes to unfold. Kpebu highlighted that the Office of the Special Prosecutor currently faces numerous issues hindering its effectiveness, suggesting that the focus should be on addressing these systemic problems rather than protecting an individual. This caution follows a High Court ruling in Accra that stripped the OSP of its prosecutorial powers. On April 15, 2026, the court directed the Attorney General and Minister of Justice, Dr. Dominic Akuritinga Ayine, to assume responsibility for all cases previously handled by the OSP until prosecutorial authorization is granted. This development stems from a challenge by Deputy Attorney General and Minister of Justice, Justice Srem Sai, who filed arguments on April 8, 2026, asking the Supreme Court to declare Section 42 of the Office of the Special Prosecutor Act, 2017 unconstitutional. This section requires the Attorney General to authorize the Special Prosecutor to initiate and conduct prosecutions for corruption and related offenses. The Deputy Attorney General noted that
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The Deputy Attorney General, Dr Justice Srem-Sai, has affirmed his office's commitment to securing a conviction against former National Signals Bureau Director-General, Kwabena Adu-Boahene. Adu-Boahene and his wife, Angela Adjei Boateng, face charges including causing financial loss to the state, money laundering, and theft, in connection with an alleged GH¢49 million cybersecurity contract scandal. Defence counsel Samuel Atta Akyea stated that their team will rely strictly on verifiable facts. Despite criticism regarding prosecution delays, Dr Srem-Sai expressed confidence in gathering sufficient evidence for a conviction, as reported by TV3. This case is part of broader scrutiny on the government's anti-corruption efforts.