A former Deputy Attorney-General, Joseph Dindiok Kpemka, has asked the Special Prosecutor, Kissi Agyebeng, to desist from some comments, if, indeed, he is determined to fight corruption.
He has described some allegations made against the Judiciary by the Office of the Special Prosecutor (OSP) as needless, advising Mr. Agyebeng to be cautious with his utterances.
According to the NPP Parliamentary candidate for Tempane, the OSP ought to have utilised all the chains of justice in cases it was dissatisfied with, before coming out to call the bench names.
Speaking with Alfred Ocansey on the KeyPoints Saturday, December 09, 2023, Mr. Kpemkpa, who is legal practitioner, indicated that the posture of the OSP is rather unfortunate.
“I think that some of the utterances by him [Kissi Agyebeng] are needless and he has to be very cautious. You go to court with evidence and the court takes a decision on the base of the evidence and the law. Now if you’re not satisfied with any decision of any court, your other option is to go on appeal. If it is a High Court, you go to the Court of Appeal if you’re not satisfied, you go to the Supreme Court and then the finality is brought on the issue.
“When we begin to run commentary as if you go with any case to court, you must necessarily secure victory and if you don’t secure victory then it means there’s conspiracy in it ganged up against you, that would be most unfortunate because the courts are there to make pronouncements on the law and that is why if one judge errs, you go for a three-member panel at the Court of Appeal,” he advised.
Background
Kissi Agyebeng, the Special Prosecutor (SP), asked the Judiciary to desist from preventing his outfit in discharging its responsibilities. He has asked judges to dispassionately consider cases from the Office of the Special Prosecutor (OSP) that are brought before them.
In an address to the media Wednesday, November 29, 2023, Mr. Agyebeng told the judges that, “let us bring before you the body of our investigation as evidence. If you look at it, and you decide that the evidence does not shore up to the standard of proof required in criminal cases, you can dismiss it but don’t prevent us from doing our work, from investigating. It is dangerous.”
His comments came after an Accra High Court had cleared a former Commissioner of Customs Division at the Ghana Revenue Authority (GRA), Colonel Kwadwo Damoah (Rtd) and a former Deputy Commissioner of the Division, Joseph Adu Kyei of any wrong doing over the Labianca report in which the OSP accused them.
This caused the OSP to release a statement saying it disagrees with the ruling, stating that “it will not permit this decision to stand.”
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