Kwame Akuffo: Impeachment Move Against Special Prosecutor Violates Constitution

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Former Special Prosecutor Martin Amidu has petitioned President Akufo-Addo to remove Special Prosecutor Kissi Agyebeng, citing procurement irregularities and accusations of misconduct.

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In response, private legal practitioner Kwame Akuffo argued in a write-up that impeaching Mr. Agyebeng would be unconstitutional under Article 146 of the 1992 Constitution. Akuffo questioned whether the Special Prosecutor could be subjected to impeachment under this article and concluded that it does not apply to the Special Prosecutor’s office.

He asserted that using Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959) to amend Article 146 would violate Articles 289 and 290 of the Constitution.For context, the Office of the Special Prosecutor Act, 2017 (Act 959) elevates the office to a status nearly equivalent to that of a Court of Appeal Judge appointed under the 1992 Constitution.

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Kwame Akuffo argued that this raises questions about the President’s reference to the Chief Justice for impeachment proceedings against the Special Prosecutor. He suggested that Parliament might need to establish different methods for the removal of the Special Prosecutor.

In his conclusion, Akuffo stated that Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959) violates Articles 289 and 290 of the 1992 Constitution, calling it an unacceptable backdoor attempt to amend the Constitution.

Following President Akufo-Addo’s petition for the removal of Special Prosecutor Kissi Agyebeng, the Chief Justice, Her Ladyship Justice Gertrude Torkornoo, forwarded the petition to Agyebeng on May 17 for his response.

Source: Citinews

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