Special Prosecutor Kissi Agyebeng has clarified his comments about the judiciary, asserting that his remarks were not intended to garner public sympathy or launch an attack on the judicial system.
Speaking during an interview on Citi TV on January 8, 2024, Agyebeng emphasized that the purpose of his statements was to draw attention to perceived shortcomings within the judiciary.
“I wasn’t looking for sympathy. Let me go back to what I was saying, and you look at it dispassionately without the frenzy of ‘why is he attacking the judiciary?’ That was how those who were responding to me negatively took it, but I wasn’t attacking the judiciary,” he said.
Agyebeng continued, “What I was doing was pointing out things that, in our evaluation, we thought were not going right,” he said.
Kissi Agyebeng during a press conference, shared his observations about a trend of dismissals by some members of the judiciary regarding the work of the OSP.
The OSP then alluded to four instances where the court made worrying pronouncements in favour of suspects being investigated for corruption and corruption-related cases by his office.
“We do not force feed cases; we do not force feed our prosecutions. It is our belief that it is not a matter of us going beyond our mandate but rather a case of hasty dismissiveness and lack of regard, because if you take the four cases I tabled out over a period of time spanning from July 2022 to Monday, there is a troubling trend.
“In one of the cases, I said a judge injuncted us from arresting a person. Mind you, we were not in court. We had declared the person wanted as a fugitive from justice; there was absolutely no inquiry as to why we believed that the person was a fugitive from justice, so it is not as if we breached the law.
“No one asked us why we declared the person wanted. Then we were served with an injunction order that we cannot arrest the person, meanwhile we know that in our law no one has the right not to be arrested. You cannot say you are granting a person a right not to be arrested.
“So when we receive judicial decisions like that, it makes us assume that we are being prevented from arresting someone who is a fugitive from justice,” he said.
Agyebeng’s assertions come in the wake of the dismissal of several requests and applications made by the OSP in its ongoing fight against corruption.
In July 2022, the Accra High Court dismissed the OSP’s request to freeze the assets of the late Kwadwo Owusu Afriyie, popularly known as Sir John, a former CEO of the Forestry Commission. This followed the OSP’s decision to freeze all assets related to Sir John as part of an investigation into the acquisition of state lands and properties specified in his will.
Agyebeng warned of potential dangers if the court continues to injunct or prohibit investigations, suggesting that soon, even murderers might boldly seek injunctions to shield themselves from prosecution.
Addressing the challenges he has faced since assuming the role of Special Prosecutor, Agyebeng highlighted a recent court ruling that prohibited him from continuing an investigation into the Labianca tax case.
A court quashed adverse findings made by the OSP against Col. Damoah and one Adu-Kyei, accusing them of wrongdoing in granting tax waivers to Labianca Company, owned by Council of State member Eunice Asomah-Hinneh.
Despite the court ruling, Agyebeng has vowed to pursue the case, expressing concern about the potential bad precedent set by frequent court interference in his work.
