The Dean of the University of Professional Studies Accra (UPSA) Law School, Professor Ernest Kofi Abotsi, says the mandate of the Office of Special Prosecutor (OSP) includes public engagement, saying that the question of whether he has done his work with what the law expects is a highly debatable issue.

According to him, that public engagement component of his work invariably involves him doing things that may ordinarily be out of convention, and that it is not conventional by way of standard practice to have a lawyer go to court and thereafter have complaints about how justice has been administered, especially when he is not just a lawyer but a public officer lawyer.

His comments follow allegations of misbehaviour and other sins made by former Special Prosecutor, Martin Amidu, against his successor Kissi Agyebeng, for which he has petitioned President Akufo-Addo to remove Agyebeng from office.

Mr. Abotsi says the law establishing the OSP is framed around the 1992 Constitution, particularly in terms of the similarity of offences or the circumstances under which the Special Prosecutor could be impeached.

Speaking on JoyNews’ Newsfile on Saturday, May 18, Prof Abotsi clarified that the terms used, such as "misbehaviour" or "incompetence," are repeated in the law establishing the OSP, which allows for the removal of the Special Prosecutor on these grounds.

“However, both the Constitution and the OSP Act do not define what constitutes stated misbehaviour. Incompetence - we can assume that we probably will recognise what incompetence is but stated misbehaviour presupposes that there are constituent aspects of what can be considered a misbehaviour.

“However, because the two laws do not define it, the Constitution doesn’t define it so we can’t make reference and the Act also doesn’t define it - it means the one making a determination by way of impeachment - the panel making the determination would have to decide the particular Act meet that threshold of stated misbehaviour,” he said.

Martin Amidu's petition, issued on April 30, 2024, has since been conveyed to Chief Justice Gertrude Torkonoo on May 6, 2024. The CJ has in turn asked Kissi Agyebeng to provide comments to the allegations to determine whether there is a prima facie case to to be established.

Read also: Special Prosecutor Kissi Agyebeng facing impeachment

Martin Amidu also alleged procurement breaches in the purchase of vehicles for the Office of the Special Prosecutor (OSP) and abuses involving judges and the administration of justice. Other allegations include violations of citizens’ rights through arrests and detentions, violations of the right to information, and improper appointments of personnel to the office.

On the back of this, Prof Abotsi argued that the law has not been tested regarding what constitutes stated misbehaviour, raising the question of whether acts considered merely professionally objectionable meet the threshold or if they need to go beyond professional misbehaviour to be considered stated misbehaviour.