Editor-in-Chief of the Daily Searchlight newspaper, Kenneth Kwabena Agyei Kuranchie, has submitted a petition to President Addo Dankwa Akufo-Addo, to oust William Kissi Agyebeng as Ghana’s Special Prosecutor.
Mr. Agyei Kuranchie claims the Special Prosecutor has acted in ways that undermine the security of the State and Ghana’s economy, adding that Mr. Agyebeng has indulged in instances of misconduct including violation of his official oath and oath of secrecy.
“Petitioner presents this petition for the removal of the Special Prosecutor, Mr. Kissi Agyebeng, on the authority of Section 15. (1) of the Special Prosecutor Act, (Act 959) of 2017. Section 15.(1) provides for the statutory methods by which the Special Prosecutor may be removed from office. It is titled ‘Removal of the Special Prosecutor’. The said section states; “The Special Prosecutor shall not be removed from office except for…”
“(a) stated misbehaviour or incompetence; (b) incapacity to perform the functions of the Office by reason of infirmity of body and mind; (c) willful violation of the Official Oath and Oath of Secrecy; (d) conduct which; (i) brings or is likely to bring the Office of the Special Prosecutor into disrepute, ridicule or contempt; or “(ii) is prejudicial or inimical to the economy or security of the State.” over alleged misconduct,” the Friday, October 18, 2024 letter contained.
According to him, the Special Prosecutor has allowed the Federal Bureau of Investigation, an agency of the U.S. government conduct some work which breaches the data protection and secrecy of oath of the country.
He alleged that Mr Agyebeng has had security checks/polygraphing conducted on about eighty percent (80%) of the staff of the Office.
“Petitioner states, first, that this work was not done by the N.I.B, and second, this work was conducted by the Federal Bureau of Investigations (FBI), an agency of the government of the United States of America, a foreign nation,” he added.
The acts, according to Mr. Kuranchie, are in breach of the laws of Ghana since contracting a foreign agency to conduct security checks and evaluation of staff of an entity such as the Office of Special Prosecutor amount to ‘stated misbehaviour’.
“Petitioner also states that these acts amount to willful violation of the Official Oath and Oath of Secrecy; and are prejudicial or inimical to the economy or security of the State,” he added.
For also breaching the Data Protection Act, Mr. Kuranchie further established that Mr. Agyebeng did not qualify to occupy his office as “specified under Section 15.(1)(a) of Act 959 and therefore ought to be removed from office as Special Prosecutor.”
The President, in a letter dated Friday, November 01, 2024, and signed by his Acting Secretary, Kow Abaka Essuman, who is also his legal advisor, stated that the letter has been forwarded to the Chief Justice to determine whether there is a prima facie case or not.
Ken Kuranchie had earlier filed a writ at the Supreme Court in July 2024 challenging the constitutionality of the Office of the Special Prosecutor (OSP) which was thrown out by the court.
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Mr. Kuranchie had previously filed a case against the Attorney General (AG) and the OSP, seeking a Supreme Court ruling to declare the OSP unconstitutional.
In his writ, Mr Kuranchie requested the Supreme Court to declare the Special Prosecutor Act, 2017 (ACT 957) as being in violation of several articles of the 1992 Constitution. The act in question was established to allow the OSP to investigate specific allegations or suspicions of corruption and corruption-related offences involving public officers, politically exposed persons, and individuals in the private sector.
Mr. Kuranchie had filed a similar case against the OSP last year, which he later discontinued a few months ago before filing a new case recently.
