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Kissi Agyebeng

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Kissi Agyebeng
Kissi Agyebeng Special Prosecutor
Special Prosecutor
Incumbent
Assumed office
5 August 2021
PresidentNana Akufo-Addo
DeputyCynthia Lamptey
Preceded byMartin Amidu
Personal details
Born
William Kissi Agyebeng

(1978-07-02) 2 July 1978 (age 46)
Ghana
EducationAccra Academy
Alma mater
OccupationLawyer and acadeic

Kissi Agyebeng (born 2 July 1978) is a Ghanaian lawyer, academic, and the Special Prosecutor of Ghana since 2021. Prior to his appointment, he was a lecturer at the University of Ghana, Managing Partner at Cromwellgray LLP, and the Chairman of the Electronic Communications Tribunal of Ghana.[1]

Early life and education (1978–2006)

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Agyebeng was born on 2 July 1978 and hails from Kwahu Nkwatia, in the Eastern Region.[1][2][3] He attended the Accra Academy where  he obtained his Ordinary Level (O-Level) certificate in 1994 and his Advanced Level (A-Level) certificate in 1996.[1][2]

Following his secondary education, he gained admission to study Law at the University of Ghana, where he graduated in 2001 as the best-graduating student of his batch, winning the Bentsi-Enchill Award for Best Graduating Law Student.[1][2][3][4][5] Agyebeng continued at the Ghana School of Law in 2001, and graduated in 2003 with the E.N. Sowah Memorial Award for Best Student in Family Law.[1][2][3][4][5]

That same year, he was called to the Ghana Bar.[4]

In 2004 he enrolled at the Schulich School of Law, Dalhousie University, where he studied Marine and Environmental Law, graduating in 2005.[1][2][3]

Following his postgraduate studies at Dallhousie, he entered Cornell Law School, Cornell University, for another master's degree program in Corporate Law and Securities Regulation.[1][2][3] At Cornell, he was the editor of the Cornell LL.M. Newsletter.[1][2]

Early Career (2006–2021)

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Academia

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Following his postgraduate studies abroad, Agyebeng returned to Ghana, where he gained employment as a lecturer at the University of Ghana.[1][2][3][4][5] In 2009, he doubled as the International Humanitarian Law lecturer at the Regional Maritime University in Nungua, Accra.[1][2] In 2011 he joined the Ghana Armed Forces Staff College and, a year later, taught Criminal Law at Mountcrest University College.[1][2] In 2013 and 2014, he taught Criminal Law at Central University College, and the Ghana Institute of Management and Public Administration (GIMPA) respectively.[1][2] He remained a lecturer at the University of Ghana until his appointment as the Special Prosecutor in 2021.[1][2] He taught Criminal Law and International Humanitarian Law at the University of Ghana School of Law for more than fifteen years.[6]

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Agyebeng begun as an associate at Zoe, Akyea, and Co. Law firm.[1][2] He joined the Center for Public Interest Law (CEPIL), a Human Rights/Public Interest Law Firm in Accra in 2008, and, a year later, gained employment at the Accra based Ayine and Felli Law Firm as a Senior Associate.[1][2]

Prior to his appointment to the office of the Special Prosecutor, he was a Managing Partner of Cromwell Gray LLP, and the chairman of the Electronic Communications Tribunal of Ghana; a tribunal responsible for the adjudication of appeals from verdicts of the National Communications Authority (NCA) and the Dispute Resolution Committee of the NCA, with regards to the use of electronic communications, how broadcasting is regulated and the utilization of the electro-magnetic spectrum, in addition to other related issues.[1][2][3][5] He was made chairman of the tribunal on July 1, 2019, succeeding Samuel Date-Bah, formerly Justice of the Supreme Court of Ghana.[5]

He was the founding Managing Partner of Cromwell Gray LLP, a law firm operating from Ghana.[6] He has been the legal counsel for the famous Ghanaian investigative journalist Anas Aremeyaw Anas and Ghana Blackstar player Asamoah Gyan. [7]

Special Prosecutor (2021–present)

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Nomination and Appointment as Special Prosecutor

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Kissi Agyebeng being Sworn in By Nana Akufo-Addo

Agyebeng was nominated on 26 April 2021 by the Attorney General, Godfred Yeboah Dame, to replace Martin Amidu, the former Special Prosecutor who resigned on 16 November 2020.[8][9] The nomination was with accordance to section 13(8) of the Special Prosecutor Act 2017 (Act 959) that states that; "When the position of the Special Prosecutor becomes vacant, the president shall, within six months, appoint another qualified person for that portfolio".[10] In a letter to the office of the president, the Attorney General stated: "Kissi Agyebeng possesses the requisite expertise on corruption and corruption-related matters, is of high moral character and proven integrity and satisfies all the other requirements stipulated in section 13(1) and (2) of Act 959."[11] The nomination was then approved by the president and forwarded to parliament.[12] He was vetted by the Appointments Committee of parliament on Thursday 22 July 2021,[13][14][15] and unanimously recommended.[3][16][17] He was subsequently approved unanimously by parliament on Friday 30 July 2021.[17][18][19] As stated by the first deputy speaker of parliament, Joseph Osei Owusu; "The motion is adopted, and Kissi Agyebeng has been confirmed as a nominee for the position of Special Prosecutor".[20][21] Agyebeng was sworn into office by the president of Ghana, Nana Akufo-Addo on Thursday, 5 August 2021.[22] According to the president, "He has the capacity, the experience, the requisite values and intellectual strength to succeed in this vital position."[23]

Agyebeng and salary

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On 30 September 2021, during a Peace FM interview, Agyebeng reflected on his career trajectory, highlighting his decision to combine lecturing at the University of Ghana with private law practice as a response to poor salaries.

"In Ghana unlike elsewhere, we know teachers are not well paid, same applies to those who teach at the University level. I can tell you that salaries of lecturers at University of Ghana, Legon is not up to 1000 dollars a month ... That is why I am saying that if teaching was lucrative, I would not have loved to do any other job. But, because lecturers are not well paid, you must add on another job. But if you say because I love teaching, that is all that I would do. Meanwhile you are not paid well, and you can’t even buy a bicycle, me too I love life, so I can’t just stay at legon to suffer poverty"[24]

Agyebeng taught at the University of Ghana for fifteen years; from 2006 to 2021. These retrospective comments were made while he was a guest in the capacity of Special Prosecutor on the Ghanaian radio interview.[25][26]

Controversies

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In December 2022, the Minority in Parliament under the leadership of Haruna Iddrisu, accused the government of denying the Special Prosecutor Agyebeng a salary for a period of 16 months.[27][28] His predecessor, Martin Amidu, in a rejoinder action against the news report,[29] claimed that Agyebeng did not follow procedure in engaging staff at the office, saying Agyebeng made "unlawful and unconstitutional appointments".[29]

Amidu's reason was that "valid warrants of appointments" were not given as the recruitments were done without the involvement of the governing board of the OSP and the Public Service Commission.[29] Amidu also revealed that Agyebeng was seeking "a higher personalized salary", for which he has not been paid.[29]

In January 2023, pressmen later picked up that Agyebeng had refused to take up the recommended salary of GHS 20,000 because he deemed it "not befitting of [his] status".[30] Agyebeng is said to have been told by government that he would be paid what is approved by the Public Service Commission and not necessarily what befits his status.[30] The government has also asked that anomalies from Agyebeng's various appointments be rectified.[30]

Work as Special Prosecutor

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December 2021

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On 9 December 2021, Agyebeng delivered a speech on World Anti-Corruption Day.[31][32]

August 2022

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The office published an investigation into a complaint of corruption and corruption-related offense against Labianca Company Limited and the Customs Division of the Ghana Revenue Authority.[33][34]

January 2023

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On 4 January 2023, the office released its statutory half-yearly report covering 5 August 2021 to 31 July 2022.[35] The office reported that it was handling 120 investigations, of which two had led to ongoing prosecution before the law courts, and another two had been completed and were awaiting to be acted upon.[36][37]

This followed an investigation report into a complaint of suspected corruption and corruption-related offence against Northern Development Authority and A&QS Consortium Limited, a private company incorporated in Ghana and operating from Wa in the Upper West Region.[38][39] This led to the dismissal of the Deputy Director of the Northern Development Authority.[40]

April 2023

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On 28 April 2023, Agyebeng delivered a speech at the CC FraudNet 37th International Conference & Meeting in Accra on State Capture, Corruption, and Fraud.[41][42]

May 2023

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On 10 May 2023, Todd D. Robinson, the US Assistant Secretary for International Narcotics and Law Enforcement Affairs, visited the Office of the Special Prosecutor in a special visit.[43][44]

June 2023

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The Office of the Special Prosecutor (OSP) has recently published its interim report for the first half of 2023.

In this report, the OSP declares the conclusion of investigations into three significant cases, with four others presently undergoing prosecution.

Dated 30 June 2023, the report from the Office of the Special Prosecutor also reveals the initiation of inquiries into 150 fresh cases involving corruption-related offenses.[45]

July 2023

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The Office of the Special Prosecutor (OSP) has completed investigations into corruption allegations involving Charles Bissue, a former Minister of State at the Ministry of Finance, along with three other high-profile corruption cases.[46][47][48]

According to the Half Year Report published on 30 June 2023, the Office of the Special Prosecutor (OSP) revealed that they were actively investigating nine cases, while an additional 150 cases were under consideration at different stages of investigation.[47][48]

The half-yearly report, signed by Agyebeng, has been released in accordance with Section 3(3) of the Office of the Special Prosecutor Act, 2017 (Act 959). The report provides an overview of the corruption cases being investigated and prosecuted by the OSP, as well as the number of acquittals, convictions, and recovered assets.[46][48]

The Office of the Special Prosecutor (OSP) is currently investigating allegations of bribery by Airbus SE in relation to the sale and procurement of military aircraft for Ghana. Former President John Dramani Mahama is implicated in this case.[49]

State institutions represented

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State institutions he has represented include the following:[1]

  • Volta River Authority
  • Ghana National Petroleum Corporation
  • National Lottery Authority
  • Youth Employment Authority
  • Ghana Trade Fair Company

Cases Concluded on July 2023

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In July 2023, the Office of the Special Prosecutor (OSP) concluded on it investigations into the following four major cases:[50]

  1. Case against Charles Adu Boahen
  2. Gaming Commission of Ghana
  3. Charles Bissue
  4. Unnamed Wealthy Businessman

Selected publications

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  • Theory in Search of Practice – The Right of Innocent Passage in the Territorial Sea, Cornell International Law Journal, (2006) p 371.[1][2][51]
  • The Prophecies of the Prophetic Jurist – A Review of Selected Works of Oliver Wendell Holmes, Jr. (2005). Cornell Law School LL.M. Papers Series. Paper10.[1][2]
  • Disappearing Acts – Toward a Global Civil Liability Regime for Pollution Damage Resulting from Offshore Oil and Gas Exploration (2006). Cornell Law School LL.M. Papers Series. Paper 11[1][2]
  • Minority Rights in Corporate Governance in Ghana: The End of the Rule in Foss v. Harbottle?, in Ghana Law Since Independence: History, Development and Prospects, Mensa-Bonsu et al eds, 73 (Black Mask Ltd, 2007)[1][2]
  • To Disclose or Not to Disclose the Offence – That is the Question: The Case of Allan William Hodgson (2008-2010) 24 University of Ghana Law Journal 87[1][2]
  • A Commitment to Law, Development & Public Policy – A Festschrift in Honour of Nana Dr. SKB Asante (Wildy, Simmonds & Hill Publishing, London, 2016) – co-editor with Richard Frimpong Oppong[1][2]
  • Conflict of Laws in Ghana (Sedco Publishing, Accra, (upcoming February 2021) – co-author with Richard Frimpong Oppong[1][2][52]

Personal life

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Kissi Agyebeng is a Christian and married.[1][2]

See also

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References

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  1. ^ a b c d e f g h i j k l m n o p q r s t u v w x y Nyabor, Jonas (2021-04-26). "Profile of Special Prosecutor nominee, Kissi Agyebeng". Citinewsroom - Comprehensive News in Ghana. Retrieved 2021-08-05.
  2. ^ a b c d e f g h i j k l m n o p q r s t u v w MyNewsGH (2021-04-26). "All you need to know about Kissi Agyebeng Ghana's Special Prosecutor nominee". MyNewsGh. Retrieved 2021-08-05.
  3. ^ a b c d e f g h "All you need to know about Special Prosecutor nominee Kissi Agyebeng - MyJoyOnline.com". Myjoyonline. Retrieved 2021-08-05.
  4. ^ a b c d "Who is Kissi Agyebeng, the man pencilled in for Special Prosecutor?". Graphic Online. Retrieved 2021-08-05.
  5. ^ a b c d e "Parliament to vet Special Prosecutor Kissi Agyebeng on July 22". GhanaWeb. 2021-07-12. Retrieved 2021-08-05.
  6. ^ a b https://osp.gov.gh/kissi-agyebeng-special-prosecutor
  7. ^ https://www.biegyanation.com/celebrities/kissi-agyebeng/
  8. ^ Aklorbortu, Priscilla (2021-04-26). "Anas's lawyer Kissi Agyabeng to replace Martin Amidu as special prosecutor". Yen.com.gh - Ghana news. Retrieved 2021-08-05.
  9. ^ "What exactly do you want? - Opanyin Agyekum to critics of Kissi Agyabeng's nomination". GhanaWeb. 2021-05-01. Retrieved 2021-08-05.
  10. ^ "All you need to know about Kissi Agyebeng, Ghana's Special Prosecutor nominee". GhanaWeb. 2021-07-22. Retrieved 2021-08-05.
  11. ^ Adogla-Bessa, Delali (2021-04-26). "Kissi Agyebeng nominated as Special Prosecutor". Citinewsroom - Comprehensive News in Ghana. Retrieved 2021-08-05.
  12. ^ "Akufo-Addo accepts Kissi Agyebeng's nomination as Special Prosecutor". Citinewsroom - Comprehensive News in Ghana. 2021-05-06. Retrieved 2021-08-05.
  13. ^ "Vetting of Special Prosecutor: Kissi Agyebeng comes to Appointments Committee like a wrecking ball - MyJoyOnline.com". Myjoyonline. Retrieved 2021-08-05.
  14. ^ Aklorbortu, Priscilla (2021-07-23). "Special Prosecutor: 6 top highlights from Kissi Agyabeng's 5-hour long vetting". Yen - Ghana news. Retrieved 2021-08-05.
  15. ^ Online, Peace FM. "New Special Prosecutor Kissi Agyabeng Isn't God; He Needs Our Help - Charles Owusu". Peacefmonline - Ghana news. Retrieved 2021-08-05.
  16. ^ Online, Peace FM. "Dr Osae Hails Unanimous Approval Of Special Prosecutor Nominee". Peacefmonline - Ghana news. Retrieved 2021-08-05.
  17. ^ a b "Parliamentary approves Kissi Agyabeng as Special Prosecutor". 31 July 2020.
  18. ^ "Akufo-Addo swear in Kissi Agyebeng as Special Prosecutor today". Modern Ghana. 2021-08-05. Retrieved 2021-08-05.
  19. ^ "Be politically neutral & independent - Haruna to Kissi Agyebeng". GhanaWeb. 2021-07-30. Retrieved 2021-08-05.
  20. ^ Aklorbortu, Priscilla (2021-08-05). "Akufo-Addo to swear-in Kissi Agyebeng as Ghana's 2nd Special Prosecutor today". Yen - Ghana news. Retrieved 2021-08-05.
  21. ^ Aklorbortu, Priscilla (2021-08-02). "Parliament finally approves Kissi Agyebeng as Special Prosecutor". Yen - Ghana news. Retrieved 2021-08-05.
  22. ^ "Kissi Agyabeng to be sworn-in as new SP today". GhanaWeb. 2021-08-05. Retrieved 2021-08-05.
  23. ^ Amoh, Emmanuel Kwame (2021-08-05). "Kissi Agyebeng 'eminently qualified' to be Special Prosecutor – Akufo-Addo". 3news. Retrieved 2021-08-05.
  24. ^ "I Love Teaching But The Salary Is Too Small - Kissi Agyebeng". Retrieved 2023-07-04 – via YouTube.
  25. ^ "I Love Teaching But The Salary Is Too Bad - Kissi Agyebeng On Why He Stopped Lecturing". peacefmonline. 30 September 2021.
  26. ^ "I quit lecturing at Legon because of hunger, salary was poor – Kissi Agyebeng". Myinfo Ghana. 30 September 2021.
  27. ^ "Pay Special Prosecutor's 16-months salary – Minority". Citinewsroom - Comprehensive News in Ghana. 2022-12-15. Retrieved 2023-07-04.
  28. ^ "Special Prosecutor has not been paid for 16 months – Report". Ghanaweb. 15 December 2022.
  29. ^ a b c d "Martin Amidu: RE: Special Prosecutor yet to receive salary after 16 months in office". Myjoyonline. 16 December 2022.
  30. ^ a b c "Special Prosecutor allegedly rejects insufficient GH¢20,000 salary - Report". Ghanaweb. 3 January 2023.
  31. ^ "Full text: Special Prosecutor's speech on World Anti-Corruption Day - MyJoyOnline.com". Myjoyonline. Retrieved 2021-12-09.
  32. ^ "Kissi Agyebeng speaks on occasion of International Anti-Corruption Day [Full speech]". Citinewsroom - Comprehensive News in Ghana. 2021-12-09. Retrieved 2021-12-09.
  33. ^ Lartey, Nii Larte (2022-08-08). "OSP recovers over GH¢1M from Labianca Company; cites owner for corruption-related offenses". Citinewsroom - Comprehensive News in Ghana. Retrieved 2023-07-04.
  34. ^ "Full report: Special Prosecutor retrieves ¢1m from Council of State member's company in corruption case". www.myjoyonline.com. Retrieved 2023-07-04.
  35. ^ Office of the Special Prosecutor Half Yearly Report, 1 August 2022.
  36. ^ "Charles Adu Boahen, Sir John's estate, Akonta Mining, Airbus, 'Wealthy but unnamed Businessman' all under investigation – Special Prosecutor". myjoyonline.com. 4 January 2023.
  37. ^ "Adu Boahen, BoG, Police Part Of Over 120 Cases Under Investigation – Special Prosecutor". theghanareport.com. 5 January 2023.
  38. ^ Adogla-Bessa, Delali (2022-07-26). "Special Prosecutor probes alleged shady contract at Northern Development Authority". Citinewsroom - Comprehensive News in Ghana. Retrieved 2023-07-04.
  39. ^ Zurek, Kweku (2023-01-24). "4 persons involved in Northern Dev. Authority, A&Qs Consortium contract charged by OSP". Graphic Online.
  40. ^ "Deputy CEO of Northern Development Authority sacked". Pulse Ghana. 2023-01-14. Retrieved 2023-07-04.
  41. ^ "State capture, corruption, and fraud are a collective pandemic in our part of the world – Special Prosecutor". www.gaccgh.org. Retrieved 2023-07-04.
  42. ^ "Remarks by Special Prosecutor at ICC conference". osp.gov.gh. Retrieved 2023-07-04.
  43. ^ "INL visits OSP". osp.gov.gh. Retrieved 2023-07-05.
  44. ^ "US Assistant Secretary for Int'l Narcotics Affairs meets Ghana's Special Prosecutor". www.myinfo.com.gh. 2023-05-10. Retrieved 2023-07-05.
  45. ^ Osei, Leticia (2023-07-04). "OSP releases report; 150 cases being probed, 3 major ones completed". Citinewsroom - Comprehensive News in Ghana. Retrieved 2023-07-04.
  46. ^ a b Ashitey, Vincent (2023-07-04). "Special Prosecutor concludes probe on Charles Bissue, Adu Boahen". Prime News Ghana. Retrieved 2023-07-05.
  47. ^ a b Badu, Philipina (2023-07-04). "OSP concludes Charles Bissue, Adu Boahen probe". The Ghana Report. Retrieved 2023-07-05.
  48. ^ a b c emmakd (2023-07-04). "OSP concludes probe into Adu Boahen, Charles Bissue, 150 other cases". Ghana Business News. Retrieved 2023-07-05.
  49. ^ Online, Peace FM. "Airbus Saga: OSP Contacts INTERPOL, UK Over Mahama". Peacefmonline.com - Ghana news. Retrieved 2023-07-05.
  50. ^ "Special Prosecutor concludes investigation into four major cases". GhanaWeb. 2023-07-05. Retrieved 2023-07-05.
  51. ^ Cornell International Law Journal. Cornell Society of International Law. 2006.
  52. ^ Addaney, Michael; Nyarko, Michael Gyan; Boshoff, Elsabé (2019-11-19). Governance, Human Rights, and Political Transformation in Africa. Springer Nature. ISBN 978-3-030-27049-0.
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