Kissi Agyebeng lamentations: Government sponsoring OSP bastardisation – PPP

The Progressive People’s Party has said the silence of the government on the frustrations and challenges facing the Office of the Special Prosecutor could mean it is sponsoring the bastardisation of Mr Kissi Agyebeng’s office.

A few weeks ago, the Special Prosecutor told journalists he had received warnings from senior and very experienced lawyers of a conspiracy by some lawyers who have been elevated to the bench, to gang up against his office by frustrating his corruption fight by dismissing most of the cases he takes before them.

At a press conference on Wednesday, 29 November 2023, Mr Kissi Agyebeng expressed concern about the “growing hasty dismissiveness and lack of regard” for corruption cases by the courts.

A few days prior to his press conference, a High Court nullified a report by the OSP that implicated Col Kwadwo Damoah, a former Commissioner of the Customs Division at the Ghana Revenue Authority (GRA); and Joseph Adu Kyei, a former Deputy Commissioner of the Division, for utilising their positions to provide favourable tax treatment to Labianca Company, a frozen foods company.

Mr Damoah and Mr Kyei filed a lawsuit against the OSP in November 2022, contending that the report lacked merit and had harmed their reputations.

The court imposed a GH₵10,000 cost against the OSP and issued a restraining order to prevent the OSP from further investigating the two.

Mr Agyebeng also made reference to the acquittal of Cecilia Dapaah, a former government official, in a corruption case and the refusal of a court order to freeze the estate of former NPP General Secretary, Mr Kojo Owusu Afriyie, despite mounting allegations of corruption against his estate.

Mr Agyebeng saw a trend in the dismissal of the OSP's cases by the judges sitting on them and warned of dire consequences for the fight against corruption if the pattern continues. “Indeed, I have had several calls from well-meaning lawyers admonishing me that they have heard talk that our friends who have been elevated to the bench and presiding over cases in court, do not take very kindly to criticism, especially of the public-calling-out variety, as we do", he told journalists on Wednesday, 29 November 2023.

He continued: “And that if the office persists in the media releases, the judges will gang up against the office and throw out all our cases".

"Mind you, members of the press, collective admonishing is from very senior and experienced lawyers who are members of the law".

"Members of the press, my learning of the law for the past 25 years in three different jurisdictions, my teaching and training of lawyers and law students for the past 17 years, my 20-year record at the bar all bear testimony that I will be the last person to lead an institution to attack the judiciary".

"It will be absolutely of no good should it be the case that the OSP is set against the judiciary or that the judiciary is against the OSP. That will surely spell disastrous consequences for this republic, especially in the fight against corruption to the amending glee of corrupt persons", he warned.

Referring to the ruling in the Labianca case, for instance, Mr Agyebeng warned: "The danger of this startling decision is again quite obvious. A judge has, in the process, granted two persons immunity from investigation and in effect immunity from prosecution".

"This decision opens up a calamitous deluge as every person under criminal investigation will be encouraged to take out suits to injunct investigation and prosecution bodies from investigating and prosecuting them," he said.

“I do not intend to sound as though I'm predicting doom but we are facing it, and this is it. With this development, it will not be long, a suspected murderer or armed robber will boldly walk to court with the unthinkable prayer that the court should injunct law enforcement agencies from investigating him.”

Voicing out on the matter, the PPP said: “As a party, we sympathise with the Special Prosecutor, Mr. Kissi Agyebeng. Competent as he is, he finds himself between a rock and a hard place”.

It said even though the Constitution says, to be president, one must be 40 years and above, “43-year-old” Kissi Agyebeng “is called a ‘small boy’ and the Information Minister and his communication team, sit silently on the fence as the office is bastardised and taken to the cleaners”.

“We infer from the lack of defence to mean a state-sponsored bastardisation of the OSP”, the party said.

Read the PPP’s full statement below:

CONVERT THE OFFICE OF THE OSP TO THE ATTORNEY GENERAL

The Progressive People’s Party (PPP), has since 2012 championed the proposal for decoupling the Attorney General from the Minister of Justice as the only way to successfully win the fight against corruption.

The Party has asked for an amendment of Article 88 of the 1992 Constitution. Until that is done, there is no way the Office of the Special Prosecutor (OSP) can effectively work to deal with issues of corruption.

As a party, we sympathise with the Special Prosecutor, Mr. Kissi Agyebeng. Competent as he is, he finds himself between a rock and a hard place.

The Constitution says, to be president, one must be 40 years and above, yet a 43-year-old old man is called a “small boy” and the Information Minister and his communication team, sit silently on the fence as the Office is bastardised and taken to the cleaners.

We infer from the lack of defence to mean a state-sponsored bastardisation of the SPO.

We are clearly in agreement with those echoing the PPP’s long-held position of a total separation of the Minister of Justice from the Attorney General.

Attorney General for the people and the Minister of Justice as an advisor to the President.

Hence, we ask for the separation of the two and convert the OSP to the Attorney General’s Office (AGO). The powers of the OSP are unfortunately embedded in the Minister of Justice and Attorney General as per the OSP (Act 2017), Act 959 that created the Office. The OSP has been seeded some powers of the AG which is, in itself, problematic.

The OSP has been used to fulfil a propaganda campaign message just to deceive Ghanaians into believing something is being done about corruption. This new Attorney General Office (AGO) must have a budget that is built on the percentage of the National Budget. Access to its funding must be enshrined in the constitution.

Martin Amidu to Kissi Agyabeng have all cried about the lack of funding to carry out their functions. The control of the Executive on an institution set up to fight corruption for which Political appointees are often subject matters of investigations is not a healthy system.

The PPP holds the belief that, within the context of the broader narrative, if given the power to govern in the 2024 general elections, within three months into the PPP Administration, Article 88 of the 1992 Constitution will be amended to separate the Attorney General from the Minister of Justice to enable the State successfully fight corruption head on.