Ghanaian Lawyer Expresses Doubts on Martin Amidu’s Petition Against Special Prosecutor

In a recent interview on Joy FM’s News File, private legal practitioner Amanda Clinton expressed her doubts about how solid Martin Amidu’s petition against Special Prosecutor, Kissi Agyebeng is. According to Clinton, the petition, although detailed, fails to present a compelling case for an investigation or the formation of a committee to look into the matter.

Clinton acknowledged that Amidu’s petition highlights a procurement issue, but she believes that alone may not be sufficient to establish a prima facie case for further action. She referred to the Special Prosecutor Act of 2017, which stipulates that a special prosecutor can be removed for misconduct, incompetence, or actions that bring the office into disrepute.

“I don’t think a prima facie case necessarily exists apart from the procurement issue,” Clinton said. “The grounds outlined by Mr Amidu do not meet these criteria.”

Also read; Provide Your Comment On Impeachment Allegations – CJ To Special Prosecutor

Clinton emphasized that the office of the Special Prosecutor is responsible for investigating procurement issues, but the petition must prove that Agyebeng himself committed a crime to warrant removal. She also dismissed other allegations, such as inducing staff from sister law enforcement agencies, as insufficient grounds for impeachment.

Drawing from her experience with the Attorney General’s department, Clinton argued that recruiting top talent from various agencies including Economic and Organized Crime Office  is a standard practice aimed at enhancing the effectiveness of the Special Prosecutor’s office. “Making efforts such as that to ensure convictions cannot be a ground for impeachment at all,” she emphasized.

Clinton believes that the procurement issue is the only potentially valid concern in Amidu’s petition, but she noted that the petition lacks the necessary substance to warrant serious consideration for removing Special Prosecutor, Kissi Agyebeng.

Background

The news started trending on Friday, May 17, that a petition had been submitted to President Akufo-Addo requesting the removal of the current Special Prosecutor, Mr Amidu.

The petition, dated April 30, 2024, was sent to the Chief Justice on May 6, 2024, and accuses the Special Prosecutor of various wrongdoing, including procurement breaches, abuses of power, and violations of citizens’ rights.

Meanwhile, the Chief Justice has instructed the Special Prosecutor, Kissi Agyebeng, to respond to the allegations made in the petition.

The Chief Justice emphasized the importance of Agyebeng’s input in determining the appropriate course of action to take regarding the impeachment process. The Chief Justice is committed to upholding due process and fairness in handling the matter.

The letter from the Chief Justice to Agyebeng states:

“I am forwarding a copy of a petition dated April 30, 2024, which was sent to the Office of the President and then forwarded to my office on May 6, 2024. Please provide your comments on the matters raised so that I can determine if a prima facie case has been made.”

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