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Attorney General nominates Kissi Agyebeng as Special Prosecutor

 

By:brightwebtv /nana asare barimah

 

The Managing Partner at Cromwell Gray LLP, Kissi Agyebeng, is in line to become the next Special Prosecutor after Martin Amidu resigned

The Minister of Justice and Attorney General, Godfred Dame, has written to the President, Nana Addo Dankwa Akufo-Addo, to nominate Kissi Agyebeng as Special Prosecutor, subject to the approval of Parliament, Asaase News can confirm.

The Office of the President received the nomination on 16 April 2021, highly placed sources at the Attorney General’s office told Asaase News.

 

Agyebeng is currently the chairman of the Electronic Communications Tribunal.

The 43-year-old legal practitioner and managing partner at Cromwell Gray LLP could replace Martin Amidu, who resigned in November 2020, citing “executive interference” with his work. The Office of the President denied his allegations, saying he was given the free hand and resources to operate.

The law compels the President to appoint a Special Prosecutor within six months of the position being vacant. Asaase News over the weekend reported that Nana Akufo-Addo would be naming the new Special Prosecutor soon following the AG’s nomination.

Profile of Agyebeng

Cornell Law School, Ithaca, New York

Master of Laws (LL.M.) – Corporate Law, Securities Regulation, International Commercial Arbitration, International Economic Relations (WTO) and International Business Transactions, received May 2006

Editor: Cornell LL.M. Newsletter.

Schulich School of Law, Dalhousie University, Halifax, Nova Scotia, Canada

Master of Laws (LL.M.) – Marine and Environmental Law, received May 2005.

Ghana School of Law, Accra, Ghana

Professional Law Course (2001-2003)

Academic Honor: E.N. Sowah Memorial Award for Best Student in Family Law

University of Ghana, Legon, Ghana

Bachelor of Laws (LL.B.), received May 2001.

Academic Honours: First Class Honors; Bentsi-Enchill Award for Best Graduating Law Student

Accra Academy, Accra, Ghana

GCE Ordinary Level – 1994

GCE Advanced Level – 1996

SPECIAL POSITIONS

  • Chairman, Electronic Communications Tribunal, Ghana (Since 2019)
  • Notary Public, Republic of Ghana (Since 2019)
  • Vice Chairman, Appeals Committee, Ghana Football Association  (2017- 2018)
  • Associate – African Center for Cyber Law and Cyber Crime Prevention (Since 2010)
  • National Coordinator – Commonwealth Moot Court Competition on International Criminal Justice (Since 2017)
  • Former Editor, Ghana Monthly Judgments (2008-2009)

ACADEMIA

University of Ghana School of Law, Legon

(Since 2006)

Lecturer: Criminal Law; International Humanitarian law; International Law; Company Law; Commercial Law; Legal Research and Writing.

Ghana Institute of Management & Public Administration (GIMPA), Faculty of Law, Greenhill

(2013 – 2014)

Lecturer: Criminal Law

Central University College, Faculty of Law, Accra

(2013)

Lecturer: Criminal Law

Mountcrest University, Faculty of Law, Accra

(2012)

Lecturer: Criminal Law 

Legon Centre for International Affairs and Diplomacy (LECIAD) – Ghana Armed Forces Staff College, Teshie, Accra

(2011)

 Lecturer – International Humanitarian Law

Regional Maritime University, Nungua, Accra

(2009)

Adjunct Lecturer – Law of the Sea

PROFESSIONAL MEMBERSHIP

Admitted to the Ghana Bar in 2003

Member, Ghana Bar Association

Acting SP

As a result of the events of 16 November 2020, Jane Cynthia Naa Koshie Lamptey, the Deputy Special Prosecutor, has been acting, in accordance with section 17 (3) of Act 959, which states, “the Deputy Special Prosecutor shall act in the absence of the Special Prosecutor or in the event of a vacancy in the position of the Special Prosecutor.”

She has held the fort for over five months. Our checks suggest that, whiles happy to play the acting role, the experienced prosecutor has made it clear that she will not be interested in a permanent elevation.

The OSP Mandate

Act 959, which establishes the Office of the Special Prosecutor, spells out three main objectives of the Office, namely: (i) investigate and prosecute alleged corruption or suspected corruption and corruption related offences, (ii) recover the proceeds of corruption and corruption related offences, and (iii) take steps to prevent corruption.

Functions of the OSP

The functions entrusted to the Office are: (a) the investigation and prosecution of cases of alleged or suspected corruption and corruption related offences under the Public Procurement Act, 2003 (Act 663); (b) investigation and prosecution of cases of alleged corruption and corruption related offences under the Criminal Offences Act, 1960 (Act 29) involving public officers, politically exposed persons and persons in the private sector involved in the commission of the offence;

Other functions 

(c) investigation and prosecution of cases of alleged or suspected corruption and corruption related offences involving public officers, politically exposed persons and persons in the private sector involved in the commission of the offence under any other relevant law; (d) recover and manage the proceeds of corruption;
(e) disseminate information gathered in the course of investigation to competent authorities and other persons the Office considers appropriate in connection with the offences specified in paragraphs (a) and (b);

The Office of Special Prosecutor is to further: (f) co-operate and coordinate with competent authorities and other relevant local and international agencies in furtherance of the Act; and (g) receive and investigate complaints from a person on a matter that involves or may involve corruption and corruption-related offences.

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