Constitutional lawyer Kwame Adofo has publicly declared Special Prosecutor Kissi Agyebeng incompetent and unfit for office, citing systemic failures in handling high profile corruption cases.
Speaking on The Forum program on Asaase Radio on Saturday, Adofo highlighted the Cecilia Dapaah investigation as evidence of what he characterized as professional inadequacies within the Office of the Special Prosecutor. He said the office failed to present timely evidence in court, resulting in dismissal, and later attempted to reframe the matter as a money laundering case with the Economic and Organised Crime Office.
Adofo said he has held doubts about Agyebeng’s competence since his appointment in 2021. According to Asaase Radio, he stated the Special Prosecutor cannot continue lying to taxpayers. The lawyer compared Agyebeng unfavorably with Martin Amidu, the first Special Prosecutor, praising Amidu’s no nonsense approach despite his resignation in November 2020.
The criticism centered on what Adofo described as a pattern of mishandling cases involving politically connected individuals. He accused the current leadership of behaving more like a businessman than a public servant, failing to recover stolen funds or hold powerful figures accountable. He also criticized structural issues within the OSP, noting that requiring Attorney General authorization for prosecutions conflicts with Article 88 of the Constitution and renders some OSP filed cases invalid.
Adofo called for reforms that would grant the office direct prosecutorial powers, eliminate inefficiencies, and restore accountability. He suggested the position should have been given to a foreign expert, arguing that an experienced and independent leader could bring credibility and efficiency to the office while better serving Ghanaian taxpayers.
The Cecilia Dapaah case became emblematic of the challenges facing the OSP under Agyebeng’s leadership. The former Sanitation and Water Resources Minister and her husband Daniel Osei Kufour came under investigation after their house helps reported stealing $1 million and €300,000 in cash from their residence at Abelemkpe in July 2023. The OSP commenced investigations and seized $590,000 and GH¢2.73 million from their properties.
However, the High Court refused to confirm the OSP’s freezing and seizure orders in August 2023, finding procedural deficiencies in how the office handled the case. Justice Edward Twum ruled that the Special Prosecutor had not specified what corruption offense Dapaah had committed and described the investigation as potentially a fishing expedition. The OSP was required to return the seized assets within 72 hours.
After seven months of investigation involving collaboration with the FBI, Agyebeng announced in January 2024 that his office lacked the mandate to prosecute suspected money laundering cases. He transferred the matter to EOCO, claiming the evidence pointed to money laundering and structuring rather than corruption. However, the Attorney General’s office later returned the docket to the OSP, stating it did not provide sufficient information showing suspicion of money laundering offenses.
The Attorney General noted that EOCO had requested a full report on the OSP’s investigation in February 2024 but received no response. Documents from the AG’s office indicated the OSP failed to disclose the basis for its money laundering suspicions or provide findings from its transboundary investigations with the FBI.
Beyond the Dapaah case, Adofo criticized the OSP’s handling of the Ken Ofori Atta investigation. He accused Agyebeng of acting outside his legal mandate by attempting to trigger an extradition request without proper Attorney General authorization. He claimed the Special Prosecutor has not even read his own enabling Act and thinks he can stretch his powers anywhere he desires.
New Patriotic Party legal team member Ishaq Ibrahim also called for Agyebeng’s replacement during the same Asaase Radio program. Ibrahim acknowledged that the OSP was created to handle corruption cases involving politically connected individuals, a task often difficult for the Attorney General to execute. However, he said the personalities occupying the office have undermined its effectiveness.
Ibrahim noted that Martin Amidu secured no prosecutions during his tenure, while the current officeholder has engaged in what he described as abusive conduct, particularly in media interactions and enforcement practices. He referenced Ghana’s constitutional protections in Chapters 5 and 6, urging those with such power to respect citizens’ rights.
The criticism comes amid growing public scrutiny of the OSP and mounting pressure for reform. Three separate petitions have been submitted to President John Mahama seeking Agyebeng’s removal, with allegations ranging from financial mismanagement to conflict of interest and dereliction of duty. The Coalition for Integrity in Governance filed the most detailed petition, alleging incompetence and misuse of more than GHS364 million in budgetary allocations since 2021.
Petitioners argue that despite substantial public funding, the OSP has produced no publicly available audited financial statements, secured no major corruption convictions, and achieved no significant asset recoveries under Agyebeng’s tenure. Critics also point to recent controversies including the brief detention of private legal practitioner Martin Kpebu, who had publicly accused Agyebeng of corruption.
The Jubilee House confirmed that petitions seeking the removal of Electoral Commission officials and the Special Prosecutor have been received by President Mahama and forwarded to the Chief Justice for action. Ten petitions were filed in total, with three targeting Agyebeng specifically.
Agyebeng, appointed in August 2021, has previously defended his record, insisting that political pressure and institutional constraints have made the fight against corruption more challenging. The office has maintained that its work remains independent and guided by law despite mounting criticism over its handling of high profile corruption probes.
