The Coalition for Democratic, Accountability and Inclusive Governance has criticized the
way and manner a petition filed by Martin Amidu, a former special prosecutor against the
current special prosecutor, Kissi Agyabeng is being entertained by the state, a move that is
derailing effort in the fight against corruption in the country
At a press conference in Accra, the coalition, popularly called Citizen Coalition stated it is
worried at the rate at which corruption is being fought and called on government to step up the
fight
READ FULL STATEMENT
The Petition
Ladies and gentlemen, Last Friday, 17th May 2024, news began to percolate on a petition by Mr.
Martin Amidu, former Special Prosecutor to the President seeking the removal of the current
Special Prosecutor. Reports indicated that the President had forwarded the petition to the Chief
Justice, Her Ladyship Justice Torkunno. Subsequently, the Chief Justice had written to Mr. Kissi
Adjabeng, the Special Prosecutor to respond to the petition to enable her to determine a prima
facie case. The petition alleges a number of actions of the OSP, which the petitioner (Mr. Martin
Amidu) deems sufficient grounds for the removal of the SP. These include the OSP’s press
conference, wherein concerns were raised about the treatment of the office by the Judiciary,
deemed by the petitioner as an abuse of judicial processes. Additionally, the petitioner cites
allegations of violations of citizens’ rights through arrests and detentions, breaches of the right to
information, and improper appointments of personnel to the OSP. Other alleged breaches relate
to the procurement of services for new staff and the refurbishment of the office. It is important to
acknowledge that Mr. Amidu, the former Special Prosecutor who petitioned the President is well
within his civic rights to do so. It is also important to note that the President fulfilled his
mandatory obligation under the Constitution by forwarding the petition to the Chief Justice.
Moving forward, we expect the President to remain consistent and forward all petitions before
him to the Chief Justice without delay. The issues raised in the petition have been thoroughly
discussed and the petitioner has publicly and strongly presented his position on these matters
through several epistles. Some of us here have disagreed with these positions when they were
presented. However, the matter is now before the Honorable Chief Justice to determine in
accordance with due process and we will be following keenly how the matter unfolds. In the
midst of these, we expect the OSP to continue to perform his duties diligently, even as he
responds to the allegations. It is imperative for his office, alongside other key anticorruption
agencies like the CHRAJ among others to continue to play their respective roles in combating
corruption.
Our Anti-Corruption Institutions and the Woes of the OSP Ladies and gentlemen, some of the
developments referred to earlier and the responses to them, raises concerns about the functioning
of our frontline anti-corruption institutions like the new kid on the block, the OSP. The
establishment of the OSP was seen as an important missing piece in the array of anticorruption
institutions to tackle the criminality of politically exposed persons in government. It was widely
acknowledged that expecting the Attorney General to prosecute colleagues within and outside
the government was untenable, necessitating the delegation of prosecutorial powers to an
independent entity. Despite the goodwill the office received at its inception, that quickly turned
sour.
Mr. Amidu, its first occupant constantly raised concerns about inadequate facilities, logistical
challenges, and occasional executive interferences. His eventual resignation laid blame at the
President’s door. A sense of disillusionment pervaded among many Ghanaians regarding the
office and its potential. Following a period of uncertainty, Mr. Kissi Adjabeng assumed the role
of Special Prosecutor. Despite encountering similar hurdles to those experienced by Mr. Amidu,
the office persevered and gradually found its footing, effectively carrying out its duties. While it
has encountered occasional setbacks, the OSP has remained steadfast and taken on cases
expected of a specialized anti-corruption organization.
The public has increasingly acknowledged the crucial role played by the OSP and has shown
strong support whenever it has come under attack. The OSP’s recent frustration has come from
taking on Madam Cecilia Dapaah's case. The public spat involving the AG, EOCO, and OSP
shows clearly that the OSP and government relations are strained to put it mildly. The challenges
of the OSP have even led to calls from some sections of society for the OSP's abolition. In fact,
legal proceedings were initiated, contesting the constitutional and statutory basis for the OSP's
establishment. If we truly aspire to fight corruption and succeed, our institutions must operate
independently. Conclusion Corruption and impunity threaten to engulf and destabilize our
Republic if well-meaning citizens do nothing and look on. Now is not the time to be a spectator,
we have to assert our citizenship and demand accountability all the time. We implore Ghanaians
to continue supporting frontline anti-graft institutions, especially the OSP, recognizing their
specialized roles, and the need for robust leadership. At the same time, we must hold these
institutions accountable for their actions. As we step into the election season, politicians seeking
votes on promises to tackle corruption must be reminded of their responsibility and current
authority to ACT NOW that they are in office, rather than setting future dates to address it after
assuming power. In this regard, we demand the following actions from government to enhance
the prospects for accountable governance:
