Impeachment process against Special Prosecutor unconstitutional - Lawyer Kwame Akuffo

Lawyer Kwame Akuffo has raised concerns regarding the constitutionality of the impeachment procedures against Special Prosecutor Kissi Agyebeng.

According to him the procedure outlined in section 15 of the Office of Special Prosecutor Act, 2017 (Act 959) contradicts the ongoing process.

In an article, Akuffo argued that these procedures constitute an unconstitutional amendment to Article 146 of the 1992 Constitution.

Citing the recent Supreme Court case of Francis Osei-Bonsu v Attorney-General [TLP-SC-2024-145], Akuffo asserts that section 15 of the OSP Act unlawfully seeks to amend the Constitution through legislative means, bypassing the amendment process mandated by Articles 289 and 290.

He describes this as a "backdoor attempt" to alter the Constitution, which he contends is grossly unconstitutional.

“The President of the Republic has pursuant to the receipt of a Petition, under Section 15 of the Office of the Special Prosecutor Act, 2017(Act 959), referred same to the Chief Justice, to ascertain whether there is a prima facie case, for the impeachment of the Special Prosecutor, under Article 146 of the 1992 Constitution.

“The fundamental question which arises for pertinent consideration is as to whether or not the Special Prosecutor, is an office holder whose conduct can be the subject matter of impeachment, under Article 146 of the 1992 Constitution, on the basis of a reference by the President, under Section 15 of the Office of the Special Prosecutor Act, 2017(Act 959).

“I answer that question in the negative, for the simple reason that Article 146 of the 1992 Constitution, does not admit of the Office of the Special Prosecutor, as one where the Special Prosecutor is amenable to the impeachment provisions under the said Article.

“Section 15 of the Office of the Special Prosecutor Act, 2017(Act 959), is an illegitimate tool, which cannot be deployed, to amend Article 146 of the 1992 Constitution and that, invariably, conduct pursuant to Section 15 (supra), is a violation of Articles 289 and 290 of the 1992 Constitution,” part of the article said.

President Nana Addo Dankwa Akufo-Addo last week forwarded a petition seeking the removal of Special Prosecutor, Kissi Agyebeng; to the Chief Justice .

The petition was filed by inaugural SP Martin Amidu, who has cited Agyebeng for among others, procurement breaches and abuse of office.

Agyebeng was appointed Amidu's successor in 2021.

Over the last three years, he has been the subject of stern critique by Amidu relative to his style of leadership and other operational issues.



AM/SARA

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