The Office of the President has received ten separate petitions calling for the removal of Special Prosecutor Kissi Agyebeng, as well as the Chairperson of the Electoral Commission, Jean Mensa, and her two deputies.
The petitions were submitted by private citizens accusing the officials of various forms of misconduct, according to multiple reports.
The Special Prosecutor, Kissi Agyebeng, is specifically alleged in the petitions to have acted incompetently and abused his office. The petitions have since been forwarded to the Chief Justice, Justice Paul Baffoe-Bonnie, for consideration.
Under Section 16 of the Office of the Special Prosecutor Act, 2017 (Act 959), any petition seeking the removal of the Special Prosecutor must be assessed to determine whether it meets the constitutional threshold for further action. The Act provides that:
“1. A person seeking the removal of the Special Prosecutor shall submit a petition to the President.
2. Upon receiving a petition, the President is required, within seven days, to refer it to the Chief Justice, who must, in turn, within 30 days, determine whether a prima facie case has been established.
3. If a prima facie case is found, the Chief Justice must, within 14 days, constitute a three-member committee comprising a chairperson who is a Justice of the Supreme Court, a lawyer of at least 15 years’ standing at the Bar, and one other person with expertise in investigations.
4. The Committee is then mandated to investigate the matter within 90 days and submit its recommendations to the President through the Chief Justice.
5. The President is bound to act in accordance with the Committee’s recommendations.”
Kissi Agyebeng has served as Special Prosecutor since 2021, succeeding Martin Amidu, Ghana’s first Special Prosecutor.
While the petitions have triggered varied reactions, one of the most vocal critics calling for his removal is private legal practitioner and social commentator Martin Kpebu, who has led media and public protests demanding the president remove the special prosecutor from office.
Jean Adukwei Mensa was appointed Chairperson of the Electoral Commission (EC) on 23 July 2018 and sworn in on 1 August 2018 alongside her deputies, Dr. Eric Asare Bossman, Deputy Chairman in charge of Corporate Services, and Samuel Tettey, Deputy Chairman responsible for Operations.
With regard to the Electoral Commission petitions, the petitioners are reported to have cited alleged lack of transparency and accountability in the leadership of the EC, implicating Chairperson Jean Mensa and her deputies.
The presidency has yet to issue a formal statement on the petitions.
