Kissi Agyebeng has rubbished claims that he is too young to occupy the office of the special prosecutor.
His comment is coming on the back of various reports suggesting he is too young to hold such office considering the age of his predecessor Martin Amidu.
Justifying his appointment before the Appointments Committee of Parliament on Thursday (22 July), Agyebeng said that his extensive knowledge of the law and experience of 15 years as a law lecturer at the University of Ghana Law Faculty and the quality of personnel that understudied him, prove he is capable of being the special prosecutor.
“In terms of experience as I stated earlier, I was called to the bar some 18 years ago, I qualify to sit on the Supreme Court of Ghana. Indeed, I am three years past the qualification for the Supreme Court.
“I turned 43 years on 2 July. I qualify to be the President of the Republic. I am age mates with the President of the French Republic and I am a year older than the minister of justice and attorney general. We were mates at the University of Ghana. There is no question about his age. Why then throw issues about my age?” he said.
Agyebeng added “To anchor on that I have had a front role, although I have not been a prosecutor, properly so called, I have had a front role to landmark prosecution in this country. When Tiger Eye PI and Anas Aremeyaw Anas come up with their investigative pieces, I am the one who supervises the collation of evidence for presentation to the Attorney General and I have been doing this for quite a while now and without me, the attorney general’s office would be poorer in terms of those prosecutions.”
New journey If approved, Agyebeng, the 43-year-old legal practitioner and managing partner at Cromwell Gray LLP, will become the second person to occupy the office of Special Prosecutor since the Act establishing the Office of the Special Prosecutor (Act 959) came into force in 2017.
Martin Amidu, the country’s first Special Prosecutor resigned from office on 16 November 2020, 21 days to the 2020 Presidential and Parliamentary elections, citing “alleged executive interference” with his work. The Office of the President subsequently denied his allegations, noting that he was given the free hand and resources to operate.
The Attorney General and Minister of Justice, Godfred Dame, on the 16th April 2021 wrote to President, Nana Addo Dankwa Akufo-Addo, nominating Kissi Agyebeng to serve as Special Prosecutor, in line with section 13(1) and (2) of Act 959.
Section 13(8) of the Office of the Special Prosecutor Act, 2017 (Act 959) requires the President to appoint a person qualified for appointment as Special Prosecutor to that position, within six months of the Office of Special Prosecutor becoming vacant subject to the approval of Parliament.
Acting SP As a result of the events of 16th November 2020, Ms. Jane Cynthia Naa Koshie Lamptey, the Deputy Special Prosecutor, has been acting, in accordance with section 17 (3) of Act 959, which states, “the Deputy Special Prosecutor shall act in the absence of the Special Prosecutor or in the event of a vacancy in the position of the Special Prosecutor.” She has held the fort for over five months.
The OSP Mandate Act 959, which establishes the Office of the Special Prosecutor, spells out three main objectives of the Office, namely: (i) investigate and prosecute alleged corruption or suspected corruption and corruption related offences, (ii) recover the proceeds of corruption and corruption related offences, and (iii) take steps to prevent corruption.
Functions of the OSP The functions entrusted to the Office are: (a) the investigation and prosecution of cases of alleged or suspected corruption and corruption related offences under the Public Procurement Act, 2003 (Act 663); (b) investigation and prosecution of cases of alleged corruption and corruption related offences under the Criminal Offences Act, 1960 (Act 29) involving public officers, politically exposed persons and persons in the private sector involved in the commission of the offence; (c) investigation and prosecution of cases of alleged or suspected corruption and corruption related offences involving public officers, politically exposed persons and persons in the private sector involved in the commission of the offence under any other relevant law; (d) recover and manage the proceeds of corruption; (e) disseminate information gathered in the course of investigation to competent authorities and other persons the Office considers appropriate in connection with the offences specified in paragraphs (a) and (b);
The Office of Special Prosecutor is to further: (f) co-operate and coordinate with competent authorities and other relevant local and international agencies in furtherance of the Act; and (g) receive and investigate complaints from a person on a matter that involves or may involve corruption and corruption-related offences.
<<Print>>