The question of who would become the next special prosecutor has finally been answered as the President of Ghana, His Excellency Nana Akufo-Addo, has appointed Mr. Kissi Agyebeng to take on this new role.
The Office of the Special Prosecutor became vacant when Martin Amidu, the first prosecutor appointed under the initiative, resigned on 16th November 2020.
The functions of the Office (outlined in the Office of the Special Prosecutor Act, 2017 (Act 959)) comprise:
(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) the 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;
(c) the 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) the recovery and management of the proceeds of corruption;
(e) the dissemination of information gathered in the course of an investigation to competent authorities and other persons, whom the Office considers appropriate, in connection with the offences specified in paragraphs (a) and (b);
(f) the co-operation and coordination of the Office with competent authorities and other relevant local and international agencies in furtherance of the Act;
(g) the receipt and investigation of complaints from a person on a matter that involves or may involve corruption and corruption-related offences;
(h) the receipt and action on referrals of investigations of alleged corruption and corruption related offences by Parliament, the Auditor-General’s Office, the Commission on Human Rights and Administrative Justice, the Economic and Organized Crime Office and any other public body; and
(i) the performance of any other functions connected with the objects of the Office.
Mr. Kissi Agyebeng, who has been a lecturer of Criminal Law at the University of Ghana School of Law since October 2006, undoubtedly has the qualities required for the position. He has represented Anas Aremeyaw Anas, a Ghanaian investigative journalist, in many legal disputes. Additionally, he has successfully argued numerous cases before the superior courts of Ghana and has participated in several international arbitration hearings.
Aside his many experiences, Mr. Kissi Agyebeng also has a wide range of expertise in consulting for public sector institutions, including the Attorney General’s Department, Exim Bank Ghana Ltd., Youth Employment Authority, National Lottery Authority, Ghana National Petroleum Commission, Trade Fair Company Limited and the Ghana Olympic Committee.
Mr. Kissi Agyebeng has held certain notable positions:
Chairman, Electronic Communications Tribunal
Ghana Notary Public, Republic of Ghana (2019 to present)
Vice Chairman, Appeals Committee, Ghana Football Association (2017 – 2018)
Associate, African Center for Cyber Law and Cyber Crime Prevention (2010 to present)
National Coordinator, Commonwealth Moot Court Competition on International Criminal Justice (2017 to present)
Former Editor, Ghana Monthly Judgments (2008-2009)
He has been a member of the Ghana Bar Association since 2003 and has almost two decades of experience.
Profile of Mr. Kissi Agyebeng
Mr. Kissi Agyebeng was born on 2nd July, 1978 at Nkwatia, Kwahu.
He is the Managing Partner of Cromwell Gray LLP, a reputable law firm in Accra. He is also the Chairman of the Electronic Communications Tribunal of Ghana, which is an appeal tribunal that sits on appeals from decisions or orders made by the National Communications Authority (NCA) and the Dispute Resolution Committee of the NCA, in respect of the regulation of electronic communications, the regulation of broadcasting, and the use of the electro-magnetic spectrum and related matters.
He completed his LLB at the University of Ghana, Legon and his professional law degree at the Ghana School of Law. He proceeded to the Schulich School of Law at Dalhousie University, Halifax, Nova Scotia for his LLM in Marine and Environmental Law. From there, he went to Cornell Law School, Ithaca, New York, where he pursued another LLM in Corporate Law and Securities Regulation.
His areas of expertise include Telecommunications Law, Energy Law, Real Estate Law, Government Contracts, Procurement Law, Law of the Sea, Corporate and Commercial Law, Maritime Law, International Law, International Commercial Arbitration, International Business Transactions, Criminal Law, International Criminal Law, Sports Law and Media Law.