By: Franklin ASARE-DONKOH
Renowned private legal practitioner, Mr. Martin Kpebu, has once again aimed at the Special Prosecutor, Mr. Kissi Agyebeng, following a fresh constitutional challenge filed by the Attorney General (AG) against the Office of the Special Prosecutor (OSP).
Speaking in an interview with the media on April 10, 2026, Mr. Kpebu reiterated his stance that while the OSP is a crucial institution for Ghana’s democracy, its current leadership is the fundamental cause of its growing legal and operational turmoil.
His comments come hours after the Deputy Attorney General, Dr. Justice Srem-Sai, filed a statement of case at the Supreme Court seeking to declare portions of the Office of the Special Prosecutor Act, 2017 (Act 959) unconstitutional.
The Attorney General’s lawsuit specifically challenges Section 4(2) of the OSP Act, which requires the AG to authorize prosecutions.
The renowned private legal practitioner argued that the very fact that the AG is now seeking to strike down parts of the OSP’s powers is a direct result of Mr. Agyebeng’s “unprofessional” management style and “confrontational” approach to other state agencies.
“The Office of the Special Prosecutor is not the problem; it is the person sitting in that chair,” Mr. Kpebu reiterated.
He noted that the office’s independence has been compromised not by political interference, but by a leader who “brought this upon himself” through a series of “self-inflicted” errors.
Mr. Kpebu’s latest reaction centers on several key grievances:
The Ken Ofori-Atta “Fugitive” Saga:
The renowned private legal practitioner remains a fierce critic of Mr. Agyebeng’s handling of former Finance Minister Ken Ofori-Atta, accusing the Special Prosecutor of “extreme incompetence” for allowing the former finance minister to leave Ghana in early 2025 despite active investigations.
He joined other legal voices, including Lawyer Kweku Paintsil, in criticizing the OSP’s frequent press briefings as “highly unprofessional,” arguing that they conduct trials in the court of public opinion rather than in a courtroom.
Mr. Kpebu revealed that the National Intelligence Bureau (NIB) officially informed him they never received a request from Mr. Agyebeng to assist in stopping Mr. Ofori-Atta’s departure, directly contradicting the Special Prosecutor’s public claims.
As it stands, Ghana’s legal community remains divided over the AG’s latest lawsuit, with figures such as Professor H. Kwasi Prempeh criticizing the move as a “mockery of our adversarial system of justice”.
However, Mr. Kpebu maintains that a leadership change is the only way to save the OSP from becoming a “crime scene” of administrative waste.
Following his own brief detention by the OSP a few months ago, which he described as an “unnecessary overreach,” Mr. Kpebu confirmed he has finalized a list of 15 specific allegations against Mr. Agyebeng.
He is calling for the Special Prosecutor to resign if he has “a modicum of dignity” or face a formal petition for removal on grounds of stated misbehaviour and incompetence.
