Martin Kpebu Detained by Special Prosecutor at Undisclosed Location
- Martin Kpebu has been arrested by the Office of the Special Prosecutor amid his attempts to have its head removed
- Kpebu has been critical of Special Prosecutor Kissi Agyabeng's handling of some corruption investigations
- Agyabeng is currently facing three petitions for his removal, which the president has forwarded to the Chief Justice
Lawyer and activist Martin Kpebu was detained by officers at the Office of the Special Prosecutor on December 3.
Citi News reported that Kpebu, who had arrived to meet with the special prosecutor's office, reportedly clashed with police officers at the gate.
Source: Facebook
He was taken into custody before any interrogation could take place.
3News reported that he was arrested for allegedly obstructing an officer at the agency.
He was subsequently granted bail requiring a landed property in his name as security, but upon the return of his lawyer, he could not be located.
The incident follows ongoing tensions between Kpebu and Special Prosecutor Kissi Agyabeng, with the lawyer repeatedly criticising the office’s handling of investigations.
He has been most critical of how the investigation of former Finance Minister Ken Ofori-Atta has been handled.
He has accused the office of procedural lapses and of delegating inquiries to junior officers reporting directly to Agyabeng.
Agyabeng is currently facing three petitions for his removal, which the president has forwarded to the Chief Justice.
In comments on the arrest, a lawyer, Timothy Donkor, expressed concern with how obstruction is interpreted.
"Even outside the legal technicalities of whether an OSP officer has arresting power over general offences, we need to narrow down on what 'obstruction' means in criminal legislation."
"Mere offensive conduct is not enough. Mere vituperation is not enough. Mere disregard of police orders is not enough- not heeding to general directives is not criminal."
Guidelines for removing the Special Prosecutor
Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959) deals with the removal of the Special Prosecutor, with timelines.
Similar to that of the Electoral Commission, the special prosecutor “shall not be removed from office except for (a) stated misbehaviour or incompetence; (b) incapacity to perform the functions of the Office by reason of infirmity of body or mind; (c) wilful violation of the Official Oath or Oath of Secrecy; (d) conduct which (i) brings or is likely to bring the Office of the Special Prosecutor into disrepute, ridicule or contempt; or(ii) is prejudicial or inimical to the economy or security of the State.
Source: Twitter
A person who seeks to remove the special prosecutor from office must submit a petition to the President, who must, within seven days, refer the petition to the Chief Justice, who shall, within 30 days, determine whether there is a substantive case.
Where there is substantial evidence, the Chief Justice shall, within 14 days, set up a committee similar to that of the removal of any of the heads of constitutional bodies appointed by the president.
The committee is duty-bound to investigate the matter within 90 days and make its recommendation to the President through the Chief Justice.
Kpebu makes Ken Ofori-Atta claim
YEN.com.gh reported that Kpebu has alleged that the embattled Ofori-Atta is doing everything within his power to become a permanent resident of the United States of America.
Kpebu claimed credible sources have told him that one of Ofori-Atta’s sons is leading efforts to convince US authorities to grant his father permanent residency.
Proofreading by Samuel Gitonga, copy editor at YEN.com.gh.
Source: YEN.com.gh
