Kenneth Kwabena Agyei Kuranchie, the Editor-in-Chief of the Daily Searchlight newspaper, has formally petitioned President Nana Addo Dankwa Akufo-Addo to remove Kissi Agyebeng from his position as Special Prosecutor.
Mr. Kuranchie’s request follows allegations of misconduct against Mr. Agyebeng, including claims of willfully violating his official oath and oath of secrecy, which, according to Mr. Kuranchie, could have adverse effects on the economy or security of Ghana.
In a letter to President Akufo-Addo dated October 18, 2024, Mr. Kuranchie invoked Section 15(1) of the Special Prosecutor Act, 2017 (Act 959) to substantiate his call for Mr. Agyebeng’s removal. Citing the statutory grounds for such a decision, he referenced “stated misbehaviour,” incompetence, incapacity to perform the duties due to infirmity of body or mind, and willful violations of official oaths, among others, as criteria that warrant the removal of a Special Prosecutor. Mr. Kuranchie’s petition specifically accuses Mr. Agyebeng of breaching several aspects of these provisions.
Mr. Kuranchie highlighted instances in which Mr. Agyebeng allegedly authorized security checks involving polygraph testing on approximately 80 percent of the Office of the Special Prosecutor’s staff. He contends that these security evaluations were not conducted by Ghana’s National Intelligence Bureau (NIB) but were instead outsourced to the Federal Bureau of Investigations (FBI), a United States federal agency. According to Mr. Kuranchie, this choice of using a foreign agency to conduct sensitive security checks on Ghanaian personnel not only violated Ghanaian law but also amounted to misconduct on the part of the Special Prosecutor.
In his petition, Mr. Kuranchie described this act as a clear breach of Ghana’s Data Protection Act, suggesting that involving a foreign entity to conduct security screenings compromises the privacy and security of the personnel involved. He further asserted that these actions constitute what the law defines as “stated misbehaviour” and a willful violation of the Official Oath and Oath of Secrecy required of the Special Prosecutor. By allowing foreign agents access to confidential matters within his office, Mr. Agyebeng allegedly put the security of the country at risk, an act that Mr. Kuranchie argues is detrimental to Ghana’s national interests.
Mr. Kuranchie also claimed that these acts render Mr. Agyebeng incompetent to fulfill the duties required of the Special Prosecutor’s office. He noted that the position of Special Prosecutor requires a high level of competence and adherence to national laws and protocols, all of which he alleges have been compromised under Mr. Agyebeng’s leadership. Mr. Kuranchie therefore contends that Mr. Agyebeng’s removal from office is warranted under Section 15(1)(a) of the Special Prosecutor Act, which stipulates incompetence as grounds for dismissal.
In light of Mr. Kuranchie’s petition, President Akufo-Addo has reportedly referred the matter to the Chief Justice to assess whether a prima facie case exists that would justify further investigation or action. This referral indicates that the Chief Justice will examine the petition’s details to determine if the accusations against Mr. Agyebeng warrant a formal inquiry or the potential removal of the Special Prosecutor.
This is not the first time Mr. Kuranchie has challenged the authority of the Office of the Special Prosecutor. In July of this year, the Supreme Court dismissed a lawsuit he filed questioning the constitutionality of the Special Prosecutor’s office. In that case, Mr. Kuranchie argued that the Special Prosecutor Act, 2017 (ACT 959), which established the Office of the Special Prosecutor (OSP), was in violation of several articles of Ghana’s 1992 Constitution. His lawsuit sought a Supreme Court ruling to declare the OSP unconstitutional, contending that the office had been vested with powers that he believed conflicted with the nation’s supreme law.
Mr. Kuranchie’s previous suit was directed at both the Attorney General (AG) and the OSP. He requested that the Supreme Court deem the Special Prosecutor Act inconsistent with Ghana’s Constitution. The Act in question grants the Special Prosecutor’s office the authority to investigate and prosecute alleged instances of corruption and corruption-related offences involving public officials, politically exposed persons, and private individuals. Mr. Kuranchie argued that the establishment of such a prosecutorial authority contravened provisions of the Constitution, raising questions about its legality. This challenge, however, was ultimately dismissed by the Supreme Court, with the court upholding the constitutionality of the OSP.
Notably, Mr. Kuranchie had filed a similar legal challenge against the OSP the previous year, which he later chose to discontinue before filing a new case. His ongoing concerns about the legitimacy and operation of the OSP highlight his persistent skepticism toward the office’s role and the potential overreach of its authority.
Mr. Kuranchie’s current petition to remove Mr. Agyebeng follows a series of allegations that he claims indicate a misuse of authority and a breach of public trust. By invoking statutory clauses within the Special Prosecutor Act, Mr. Kuranchie seeks to reinforce the notion that the Special Prosecutor must be held to a high standard of integrity and accountability. He asserts that any actions that could undermine the trust in the office, or jeopardize Ghana’s security or economy, must be addressed with urgency.
As the Chief Justice reviews the petition, Mr. Kuranchie’s appeal reflects a broader debate in Ghanaian society regarding the powers and limitations of the Special Prosecutor’s office. Established to combat corruption and enhance accountability, the OSP has both supporters and critics. While some view it as a necessary measure to address corruption in high places, others, like Mr. Kuranchie, remain wary of the office’s impact and the extent of its legal authority.
The outcome of Mr. Kuranchie’s petition will likely have implications for the future of the Special Prosecutor’s role in Ghana. Should the Chief Justice determine that a prima facie case exists, it could lead to further scrutiny of Mr. Agyebeng’s conduct and potentially influence how the office is perceived
