A citizen has petitioned President Nana Akufo-Addo to initiate the removal of Special Prosecutor Kissi Agyabeng, accusing him of “stated misbehaviour” and acts “prejudicial to the security of the state” for allegedly involving the US Federal Bureau of Investigation (FBI) in polygraph tests on OSP staff.
The petition, filed by lawyer and activist Kenneth Kwabena Agyei Kuranchie on Monday, October 18, 2024, claims Mr. Agyabeng’s actions violated multiple Ghanaian laws and compromised national security.
Kuranchie, in his detailed petition seen by MyJoyOnline, alleges that the Special Prosecutor, without board approval or staff consent, “co-opted personnel” of the FBI in or around March 2024 to conduct polygraph tests and gather personal data from over 80% of the Office of the Special Prosecutor’s staff.
“The act of allowing the FBI, an agency of a foreign power free and unfettered access to the data and profiles of persons working in a sensitive institution such as the Office of Special Prosecutor has the potential and propensity to undermine and compromise the future effectiveness and independence of those persons,” the petition states.
The petitioner lists 22 named staff members, including Rockson Gyimah and Charlotte Addico, who he claims were subjected to the exercise. He argues that this action breaches the Data Protection Act, 2012 (Act 843), as the FBI is not a registered data controller in Ghana and the necessary consents and safeguards were not obtained.
Crucially, Kuranchie contends that involving a foreign intelligence agency in vetting staff of a body that investigates “politically exposed persons” amounts to a willful violation of the Oath of Secrecy and contravenes the Official Secrets Act.
“By allowing the FBI access to staff of the OSP… Mr. Agyabeng is in breach of Section 15.(1)(d)(ii) of Act 959 because his activities are inimical to the security and economy of Ghana,” the petition argues.
The petition invokes Section 15 of the Office of the Special Prosecutor Act, 2017 (Act 959), which outlines grounds for removal, including “stated misbehaviour” and conduct “prejudicial or inimical to the economy or security of the State.”
This comes amid heightened public scrutiny of the OSP’s operations under Mr. Agyabeng, who was appointed in August 2021 following the resignation of the first Special Prosecutor, Martin Amidu. The office is tasked with investigating and prosecuting corruption cases involving public officers.
As of the time of filing this report, the Office of the Special Prosecutor had not publicly responded to the allegations contained in the petition. The Presidency is yet to acknowledge receipt or indicate any course of action.
The petition now places the ball in the President’s court to determine whether these allegations meet the constitutional and statutory threshold to trigger a removal process, which would involve a committee of inquiry.
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