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2nd December 2025 2:37:43 PM
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Member of Parliament (MP) for Berekum West, Dickson Kyere-Duah is advocating a constitutional reform that gives the President authority to review and sift through petitions seeking the removal of high-level officials like the Special Prosecutor.
The MP made this appeal at a time when the Office of the Special Prosecutor is facing an unusual surge in petitions now totalling 16 calling for the removal of Kissi Agyebeng, a situation that threatens to stall the judicial process.
Mr. Kyere-Duah, speaking on JoyNews’ AM Show, under the current Office of the Special Prosecutor Act (Act 959) and constitutional provisions, the President has no discretion: once a petition for removal is received, it must be automatically forwarded to the Chief Justice to trigger a mandatory investigation process.
"But as I said, as we talk of constitutional review, these are some of the things I think we should be looking at: that the President should be given some powers to look at the cases, filter through and decide whether it meets a certain threshold to trigger the processes, but as we speak, the President doesn't have that power; once it comes in, the processes have to be triggered," Mr. Kyere-Duah stated.
He cautioned that although the existing laws are democratic, they expose the system to risks that could politicise the judiciary and unsettle critical state institutions.
He stressed that the current situation, where 16 petitions are pending against a single officer, demonstrates the systemic danger:
"Isn't this the best option if they keep coming in? You know, at a point, the Chief Justice may be inundated with these processes... everyday Chief Justice may be confined to dealing with petitions rather than other equally important responsibilities that this constitution has bestowed on him," he said.
The MP stressed that the current developments, while politically tense, do not constitute any violation of the law.
"So for me, it is important we look at it, but as we speak, no constitutional provision has been breached. This is part of the democracy, and with the current constitution, we have the processes I think are going through, and they should be allowed to go through," Kyere-Duah expressed.
Special Prosecutor Kissi Agyebeng has joined the list of government officials whom some individuals have allegedly petitioned President John Dramani Mahama to remove.
A report by Citi News suggests that private citizens cited various forms of misconduct as grounds for their call for his removal.
The group has reportedly accused the Special Prosecutor of abusing the powers of his office and demonstrating incompetence. President Mahama is said to have referred the petitions to the Chief Justice, Justice Paul Baffoe-Bonnie for further review.
Last week, President John Dramani Mahama formally received a petition seeking the removal of the Electoral Commission (EC) Chairperson, Jean Mensa, and her two deputies, Dr. Bossman Eric Asare and Samuel Tettey, over allegations of misconduct.
Among the 12 counts of stated misbehaviour are allegations of cronyism, abuse of office, and gross incompetence.
The petition, submitted by a staff member of the Electoral Commission, Joseph Blankson Adumadzie, emphasised that the credibility of Ghana’s electoral system is at stake due to the alleged illegal actions of the officials.
According to a statement issued on Monday, November 24, by the petitioner, Article 146 of the 1992 Constitution provides the basis for requesting the removal of public officials, particularly those serving in independent constitutional bodies.
The former Chief Justice, Gertrude Torkornoo, faced a similar challenge and was later replaced by President Mahama after an investigative committee found the allegations levelled against her to be valid.
The Chief Justice was earlier suspended by President Mahama on Tuesday, April 22, after a prima facie case was established, following separate petitions calling for her removal.
A series of petitions were filed against Chief Justice Torkornoo, beginning with one from a group known as Shining Stars of Ghana. The group alleged she violated Article 144 of the Constitution by personally recommending judges for promotion to the Supreme Court and further claimed she ruled on a case involving the Speaker of Parliament without granting him a hearing, despite his refusal to respond to the suit.
Another petition, filed by a police officer who is also a lawyer, accused the Chief Justice of manipulating evidence and abusing her authority, following an incident during a Supreme Court session where he was reportedly reprimanded, arrested, and detained.
However, court records suggest the lawyer’s conduct during proceedings prompted a unanimous caution from the bench, not just the Chief Justice.
The third petition, submitted by a private individual, listed 21 alleged misconducts and four claims of incompetence. Among the accusations was the misuse of public funds—specifically, that she spent over GH¢261,000 and $30,000 on a family trip abroad in 2023 and misused an additional GH¢75,580 and $14,000 during another foreign assignment without proper accountability.
Subsequent reports indicate two more petitions were added, intensifying pressure on the judiciary. Chief Justice Gertrude Torkornoo, in her written response to President Mahama, strongly denied allegations of misconduct and abuse of office brought against her by a senior police officer, describing them as baseless and lacking grounds for her removal from office.
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