Special Prosecutor Kissi Agyabeng last week shook the hornets’ nest when he declared Ghana’s former Finance Minister, Ken Ofori-Atta as a wanted man escaping from justice. Days later Mr. Agyebeng removed Mr. Ofori-Atta’s name from the wanted list following the latter’s announcement of a tentative date to arrive in Ghana.
Martin A. B. K. Amidu himself Ghana’s first and former Special Prosecutor unpacks this action by his successor in his latest article below…
INTRODUCTION
The invitation extended to the former Finance Minister, Ken Ofori-Atta for the first time on 24 January 2025 by the OSP to appear personally on 10 February 2025, while the OSP knew that the former Minister was abroad, for investigation for four suspected corruption and corruption-related offences and his subsequent declaration by the Special Prosecutor, William Kissi Agyebeng on Wednesday, 12 February 2025 as a fugitive from Ghanaian justice is without any foundation in law. This profane declaration by the OSP during the tenure of the John Dramani Mahama government discloses the true nature and character of the Special Prosecutor as a double agent serving the politico-economic interests of the deep state elite in both the New Patriotic Party (NPP) and the National Democratic Congress (NDC)
government to scam the citizens of this country in the name of the fight against corruption.
On 21 April 2021, Kissi Agyebeng, as a nominee for the office of the Special Prosecutor who upon oath before the Parliament of Ghana broadcast extensively to the whole world, gave his word of honour and integrity to Ghanaians that he would when appointed continue and conclude the outstanding OSP investigations arising out of the sixty-four page Agyapa Royalties Transactions Report in which the Minister of Finance, Ken Ofori-Atta, was the principal suspect.
Kissi Agyebeng assumed office in Rambo style on 9 August 2021 accompanied by his known deal making Roman Ridge resident business baron mentor and protector posing as his Director of Operations for the OSP with the public anticipating the continuation of the pending substantive investigations of the Agyapa Royalties case which gave him the opportunity to be nominated and appointed the Special Prosecutor following my resignation objecting to the cover-up intended by the NPP Government. Also pending continuation along side the Agyapa Royalties case was the Airbus SE-Ghana corruption case against John Dramani Mahama and his full blooded brother, Samuel Adam Foster also known as Samuel Adam Mahama, amongst others. I had, before resigning as the Special Prosecutor, indicated that I could not continue investigating the Airbus SE case without being allowed to
investigate the Agyapa Royalties case first.
Between 9 August 2021 and 8 August 2024 Kissi Agyebeng in his capacity as Ghana’s Special Prosecutor, without touching the Agyapa Royalties case as he promised Ghanaians, purported to have investigated the case of Airbus SE-Ghana corruption scandal and to close the docket on the third anniversary of his appointment in the election year in a manner favourable to former President John Dramani Mahama. Kissi Agyebeng became John Mahama’s friend through visits to the presidency in the company of his law firm partner at Cromwell Gray LLP, Anas Aremeyaw Anas of Tiger Eye PI infamy when Mahama was in office as President of Ghana. Kissi Agyebeng claimed to have accompanied Anas Aremeyaw Anas to John Mahama as the lawyer for Tiger Eye PI.
James Agalga, whom I call a son was mindful during the parliamentary vetting to ask questions of the nominee to guide him to answer about his intentions when appointed the Special Prosecutor to continue investigating the Agyapa Royalties case. Cynically, he failed or refused to ask any questions on the equally pending Airbus SE-Ghana corruption
investigations to extract a commitment under oath from the nominee. Mahama Ayariga who had two pending criminal cases being prosecuted by the OSP at the time before my
resignation also asked ingratiating questions of the nominee knowing that the nominee was once a pupil in the Chambers of his lawyer and parliamentary colleague, Dominic Akruritinga Ayine in his pending cases being prosecuted by the OSP.
I had identified Government Official 1 in the Airbus SE-Ghana case as then former President John Dramani Mahama just as I had identified Ken Ofori-Atta a principal suspect in the Agyapa case but the former was of no interest to the NDC members on the appointments committee as Kissi Agyebeng was at the time also their recruited covert agent on the cusp of being appointed into the OSP to replace me, the founding Special Prosecutor they had feared for reason of my objectivity and integrity.
The fact that Kissi Agyebeng had to wait from 9 August 2021 to 24 January 2025 in the tenure of President John Dramani Mahama to issue his first ever written invitation to Ken Ofori-Atta for investigations into cases unrelated to the still outstanding Agyapa Royalties case and at a time when Dominic Ayine had assumed office as the Attorney-General of Ghana lends credence to the contention that the unlawful declaration of Ken Ofori-Atta as a fugitive from Ghanaian justice is a gargantuan scam of the John Mahama government unless a thorough and public independent investigation proves otherwise.
It is important to bear in mind the relationship emerging between Mahama Ayariga’s, (the current Majority Leader) trial for corruption and corruption-related offences that Kissi Agyebeng aborted by nolle prosequi on 11 October 2021 in which Kissi Agyebeng’s practice master in his first Law Chambers, Dominic Ayine was the lead lawyer for the defence and the fact that the unlawful declaration under discussion happened after Dominic Ayine as the current Attorney-General began his tenure with a government unannounced project of Operation Release All Looters (ORAL) as a flip side or antithesis of Operation Recover All Loot (ORAL).
As the founding Special Prosecutor of the OSP I demonstrated to the whole world the necessity for the OSP to conduct professional investigations and to possibly prosecute anybody suspected of having committed corruption offences. Ken Ofori-Atta was a friend of mine who had immensely assisted me in the operationalization of the OSP and the acquisition of the current ten storey building now housing the OSP, but when the investigations into the Agyapa Royalties case implicated him he was himself shocked that I did not omit his role from the exhaustive report which is now a matter of public knowledge.
The integrity, honour, ethics, and hallowed principles governing the professional investigation and prosecution of fellow citizens demands that there should be no discrimination when it comes to supervising and prosecuting crime. I had served in the PNDC/NDC governments and was appointed by the NPP government as the Special Prosecutor but I stuck to my oath of office to investigate and prosecute fellow citizens without fear or favour, affection, or ill will till the time of my resignation from that office which enabled Kissi Agyebeng to be appointed.
I support every endeavour to investigate and prosecute Ken Ofori-Atta for any offences he might have committed while he served as the Minister of Finance of Ghana just as I will do in respect of any other citizen of Ghana suspected of the commission of crime. I will, however, oppose any and every government scam to dehumanize any citizen of Ghana in the court of public opinion in flagrant violation of the fundamental rights and freedoms to the
presumption of innocence and to a public trial before a court of law. The scam underpinning the declaration of Ken Ofori-Atta as a fugitive from Ghanaian justice launched by the executive branch of government to rally public sentiments against him to achieve a rhetorical NDC and government agenda of recovering all loot using the instrumentality of the OSP which I founded cannot pass without exposure by me for what it really is.
I take the view that the Special Prosecutor’s declaration of Ken Ofori-Atta as a fugitive from Ghanaian criminal justice is unlawful and a gargantuan government scam based on the facts, evidence, and analysis of the statutory powers of the OSP which I present hereunder
THE OSP WITHOUT LEGAL AUTHORITY FOR THE DECLARATION OF FUGITIVITY
The Special Prosecutor, William Kissi Agyebeng knew that he did not have any power under the Office of the Special Prosecutor Act, 2017 (Act 959), the Office of the Special Prosecutor (Operations) Regulations, 2018 (LI 2374), the Office of the Special Prosecutor Regulations, 2018 (L.I 2373), and the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) to have a few minutes before the press conference he summoned on the morning of Wednesday, 12 February 2025 to “sign a directive declaring a high-profile person a fugitive from justice” as he purported to have done.
The Special Prosecutor also knew that he was acting arbitrarily, capriciously, without candour, and discriminatorily in declaring a citizen of Ghana as fugitive from justice by virtue of previous actions of the OSP that had created an estoppel by conduct preventing him from doing so under the 1992 Constitution of Ghana.
I will be demonstrating hereunder that Kissi Agyebeng who had absconded from Ghana between August 2024 and the third week of December 2024 without partaking in the elections on 7 December 2024 returned to the country to begin the process culminating in the unlawful declaration of Ken Ofori-Atta on 12 February 2025 as a fugitive from justice only because he is convinced that he had the support of President John Dramani Mahama and his just appointed Attorney General to act with impunity. President John Dramani Mahama and the Attorney-General when investigating the foregoing can obtain evidence of the absence of Kissi Agyebeng from Ghana from the flight manifest of departures and arrivals from the Kotoka International Airport (KIA) for the period from August 2024 to December 2024 to confirm or disprove my assertion.
The fact that Kissi Agyebeng was once more abusing his office and trampling on another citizen’s fundamental human rights and freedoms on his personal whims and caprices instead of acting in accordance with the Constitution and laws of Ghana comes out beyond every reasonable doubt when one undertakes a narrative analysis of both Kissi Agyebeng’s media presentation and the briefing statement that accompanied that presentation.
The OSP is a creation of statute and whatever authority it purports to exercise must be backed by the law and regulations governing its operations. Kissi Agyebeng never referred to any power enabling him by the stroke of his pen to declare any citizen of Ghana a fugitive from justice at his press conference. It is obvious generally from pages 3 to 9 (and in particular pages 5 to 7) of the briefing statement that the only reason Kissi Agyebeng declared Ken Ofori-Atta a fugitive from Ghanaian justice on the morning of Wednesday, 12 February 2025 was the impertinence of his lawyers to demand from the OSP whether its officers raided Ken Ofori-Atta’s home the previous day.
The work habit and modus operandi of the OSP also leads to the inescapable conclusion that, the only reason why Kissi Agyebeng without any authority under law declared his victim, the high-profile person after creating a long suspense and expectation amongst the media and his audience as part of his performance by his full name, Kenneth Nana Yaw Ofori-Atta was to demonize and dehumanize him in the court of public opinion. It also satisfied the profane addiction ego of Kissi Agyebeng’s showmanship to the public of his authority as the master over other citizens in his fight against corruption, particularly against “high-profile citizens”.
KISSI AGYEBENG’S NARRATIVE OF THE OSP’S ACTIONS AND CONSEQUENCES
In accordance with Kissi Agyebeng’s own narrative contained in his briefing statement to the press, he only communicated to his victim that “the OSP considered him a suspect in respect four of the cases described above” on 24 January 2025. In the unequivocal statement of Kissi Agyebeng, “Mr. Ofori-Atta left the jurisdiction on or around 2 January 2025”. The OSP has no extraterritorial jurisdiction over suspected criminals, so at the time Kissi Agyebeng communicated his invitation to his victim he knew his victim was outside the jurisdiction of the OSP.
Somehow the information must have reached his victim who instructed “his lawyers to inform the OSP that he was out of the jurisdiction indefinitely on medical grounds and that the firm would notify the OSP of his arrival in the country in aid of rescheduling his personal attendance at the OSP” in a communication dated 31 January 2025. In the interim, “the firm offered its willingness to provide the OSP with any information the OSP may require to aid in the investigation until his arrival in the country.” This is demonstrably the hallmark of a citizen lawfully abroad wishing to submit to an investigative authority at home and not a fugitive from justice.
The OSP on 5 February 2025 responded to Mr. Ofori-Atta stating inter alia that:
(i) “the OSP did not need or require notification from his lawyers of his arrival in the jurisdiction”;
(ii) acknowledging “Mr. Ofori-Atta’s lawyers’ gracious offer to provide the OSP with information in aid of the investigation”;
(iii) insisting “that Mr. Ofori-Atta’s personal attendance at the OSP was required”; declining “Mr. Ofori-Atta’s request to be away from the jurisdiction indefinitely on medical grounds on his say-so”,
(iv) consequently directing “ “Mr. Ofori-Atta to indicate by close of business on Monday 10 February 2025, a reasonable date of his return to the jurisdiction and attendance at the OSP”; and
(v) finally warning “Mr. Ofori-Atta that if he failed so to do, the OSP would take all necessary legal steps to secure his return to the jurisdiction and attendance at the OSP at our own choosing.
In view of the fact that “the OSP declined Mr. Ofori-Atta’s request to be away from the jurisdiction indefinitely on medical grounds on his say-so” his lawyers did what any defence lawyer would do in the circumstances for his client, to get the suspect to submit through them a medical report on his health from his doctors abroad “before the close of business on Monday 10 February 2025” as commanded by the OSP. Consequently, on 10 February 2025 the lawyers submitted to the OSP a medical report confirming the absence of Ofori-Atta abroad on medical grounds to take the matter outside the remit of just “his say so” as the OSP had pointed out in its letter of 5 February 2025.
The OSP’s briefing statement to the press conference it summoned on Wednesday, 12 February 2025 states unequivocally that: “On account of the purported letter, Mr. Ofori Atta’s lawyers prayed that the attendance in person of Mr. Ofori-Atta at the OSP should be fixed taking into account the medical report from his doctors.” (Emphasis supplied).
The narrative of Kissi Agyebeng, the Special Prosecutor himself both at the press conference and in his briefing statement as paraphrased hereinbefore shows that by the close of business on 10 February 2025 Ofori-Atta even though he was abroad took every legal step to assure the OSP that he was willing to submit himself personally to the OSP to be investigated for whatever offence he was suspected of committing and offering to assist any on-going investigation through submission of documents through his lawyers. The special Prosecutor does not contend that he even responded to the letter from Ofori-Atta’s lawyers to the OSP dated 10 February 2025.
By the close of business on Monday, 10 February 2025 and up to 4:15 pm the next day Tuesday, 11 February 2025 the OSP never conveyed any disagreement with the content and request of Ofori-Atta’s lawyers’ letter dated 10 February 2025 to make Ken Ofori-Atta a person exhibiting a refusal to comply with the order of the OSP let alone to be unlawfully declared the next day as a fugitive from Ghanaian justice.
The only reason the OSP had to hurriedly summon a press conference to declare Ken Ofori-Atta a fugitive from justice despite his cooperation with the OSP from his location abroad was the impertinence of his lawyers to submit another letter to the OSP “at 4:16 pm the next day, Tuesday 11 February 2025.” This time, it was an inquiry about events that took place at the home of the suspect that morning and seeking confirmation “if the OSP could confirm that the actions of the twelve men [comprising one police officer, four military men and seven other men in plain clothing who visited Mr. Ofori-Atta’s home] were at the instance of the OSP so as to enable them to decide if a complaint to the police would be unnecessary. The lawyers prayed for a prompt response from the OSP to prevent imposter action.”
Instead of a prompt response to enable a report to be made by the lawyers to the police if the acts that took place at Ofori-Atta’s home were not those of the OSP, the Special Prosecutor decided to show Ken Ofori-Atta and his lawyers where power lay by answering their query through the media conference and preceding the conference with the signing of an unlawful directive declaring Kenneth Nana Yaw Ofori-Atta a fugitive from justice. There can be no grave impunity in the exercise of arbitrary and capricious power than this conduct of Kissi Agyebeng, the Special Prosecutor.
Kissi Agyebeng turned the table upon Ken Ofori-Atta and his lawyers by stating empathically that:
“Our intelligence points us to state that the purported raid on Mr. Ofori-Atta’s residence was staged or at best an imposter-action in an attempt to court disfavour for the OSP and to derail the investigation.
The OSP is not deterred by such occurrences and the investigations would continue as by law prescribed.
These occurrences, and the OSP’s intelligence, which would not be revealed at this time for fear of compromising the investigation, are very instructive as not to put premium on Mr.
Ofori Atta’s alleged imminent peril should he travel back to the jurisdiction.”
By the close of the day on Wednesday, 12 February 2025, the Special Prosecutor’s attempt to cast Ofori-Atta and his lawyers as perpetrators of the raid on Ofori-Atta’s home “stage or at best an imposter-action in an attempt to court disfavour for the OSP and to derail the investigation” was demonstrated by CCTV footage released to the media from Ofori-Atta’s home to have been led by a known member of the law enforcement apparatus of state, Richard Jakpa, who could not have been used by the victim to stage the raid upon himself.
THE POWERS OF THE OSP IN DECLARING FUGITIVES FROM JUSTICE: AIRBUS SE-GHANA CORRUPTION SCANDAL
My lived experience as a lawyer is equivalent to the lived existence and experience of the Special Prosecutor on this earth and I can say without any equivocation that there is no law in Ghana that empowers any law enforcement agency in Ghana and within the Anglo-American criminal law jurisprudence to declare and undeclare at whim suspects as fugitives from justice without having presented any charges against them before a court of law and at least a warrant issued by the court for their arrest or recession of the warrant of arrest when the circumstances for issuing the warrant have changed. .
As the founding Special Prosecutor of the OSP, I once upon a time in May 2020 charged John Dramani Mahama’s brother, Samuel Adam Foster also known as Samuel Adam Mahama and his cohort of four British friends in the Circuit Court, Accra, for corruption offences in the Airbus SE-Ghana corruption scandal case and obtained warrants of arrest for each of them. I also applied for an Interpol Red Notice for their arrest and extradition to Ghana. Their photographs and particulars of their passports were published in the media, thereafter, to aid their arrest and extradition to Ghana for prosecution.
Samuel Adam Mahama and his cohort of friends became fugitives from Ghanaian justice because their corruption and corruption-related cases were pending in the Circuit Court, Accra, and warrants of arrest had been obtained for each of them.
William Kissi Agyebeng, the Special Prosecutor inherited the Airbus SE-Ghana corruption case in which President John Dramani Mahama had been proved to be the Government Official 1 when he assumed office on 9 August 2021. After two full years of sleeping on the case, Kissi Agyebeng decided to investigate the case in person by interviewing John Mahama privately at a location of the suspect’s choosing on 5 January 2024. Guided by John Mahama he then travelled to the United Kingdom in March 2024 to hold private and friendly meetings with Samuel Adam Mahama and his other British friends, the real fugitives from justice from the Circuit Court in Ghana, at the taxpayer’s expense without the presence or involvement of any law enforcement authority of the United Kingdom or in any Ghana Embassy premises there.
On 8 August 2024, the third anniversary of his appointment as the Special Prosecutor and in an election year Kissi Agyebeng summoned a press conference to announce the closure of the Airbus SE-Ghana corruption investigation docket even though he knew that the OSP had no power to exercise extra-territorial jurisdiction to conduct investigations in the United Kingdom and consequently rendering his conduct unlawful and void by Ghanaian and British laws. The NPP had eggs on their faces from their appointee covertly acting as a double agent.
The President, Nana Akufo-Addo, in exercise of the executive authority vested in him was advised to instruct the Attorney-General to call for the closed Airbus SE-Ghana corruption docket to verify the circumstances under which the OSP came to exercise extraterritorial jurisdictional authority when it had none. The Attorney-General in exercise of his powers under Article 88 of the Constitution demanded for a duplicate copy of the closed docket of the Airbus SE-Ghana corruption case docket to deal with residual matters after the OSP had finished performing its functions in relation to the corruption case.
The Special Prosecutor sensing he had been caught pants down fled the country from August 2024 and only returned two weeks to the assumption of office as President by John Dramani Mahama whom he had done an unlawful favour just before the elections.
I challenge President John Dramani to investigate my assertion about Kissi Agyebeng being away without leave (AWOL) during the critical period in the electoral calendar of 2024 and abdicating his responsibility to ensure that he was available in Ghana to supervise compliance with the electoral laws prohibiting the commission of corruption electoral offences
apportioned to the OSP.
Now, John Dramani Mahama became the President of Ghana on 7 January 2025 after winning the 7 December 2024 elections while Kissi Agyebeng was on AWOL abroad after his Airbus SE-Ghana corruption report of August 2024.
With the Airbus SE- Ghana corruption case involving John Dramani Mahama and his brother Samuel Adam Mahama as precedent of the exceptionalism of the powers of the OSP one would have expected Kissi Agyebeng, if he was acting in good faith to have just hopped onto the next available plane to Ken Ofori-Atta’s location abroad to interview him to enable him to determine whether to formally charge him with any offences before a court of law.
After all, apart from Samuel Adam Mahama being the full blooded brother of John Dramani Mahama, he had been a British national all his life until John Dramani Mahama became the Vice President of Ghana and attempted to entice him to Ghana resulting in the suspected Airbus SE- Ghana corruption scandal. Ken Ofori-Atta’s father on the other hand was capable of looking after him and did not farm him out for adoption to an English family as a child to be British. He spent his childhood and his working life here in Ghana, established businesses and employed several Ghanaians while the going was tough. Ken Ofori-Atta crowned his career with service to Mother Ghana for eight years from 2017 to January 2025.
Whatever crime he might have been suspected of committing between 2017 and 2024, he is equally entitled to the presumption of innocence and the due process of law during a professional investigation of the suspected crimes and a trial before a court of law and not in the prejudicial court of public opinion in the style of the OSP simply because he was once upon a time “a high-profile” appointee of the Republic of Ghana.
Kissi Agyebeng has also told Ghanaians that he has a collaborative relationship with the Federal Bureau of Investigations (FBI) of the United States of America (USA) with which he worked in investigating his ill-fated case of “high-profile” Cecilia Abena Dapaah, a former Minister for Sanitation. He used the same FBI to conduct unlawful polygraph test on employees of the OSP without their consent instead of having them properly vetted as enjoined by the OSP Act (Act 959). Sammy Darko confirmed this in his contribution on TheKeyPoints with Alfred Ocansey on TV3 on 15 February 2025 despite a previous denial by the criminal Kissi Agyebeng in writing to the Chief Justice in December 2024.
Consequently, apart from malice, hatred, revenge, and doing the President Mahama’s hatchet man’s job, nothing prevented Kissi Agyebeng from finding out the state of Ken Ofori-Atta’s health in the USA collaboratively with the FBI before rushing upon his whims and caprices to unlawfully declare and soon thereafter undeclare him a fugitive from justice just to seek media headlines and dehumanize a fellow citizen for once upon a time being a “high-profile person” in the Government of Ghana.
THE JOHN MAHAMA GOVERNMENT AND KISSI AGYEBENG’S COLLABORATIVE SENSE OF IMPUNITY
After the victory of John Dramani Mahama, the Special Prosecutor on AWOL returns home and is running round unlawfully declaring and undeclaring those who remained behind to exercise their civic responsibilities to determine who shall govern us as fugitives from justice on spurious grounds as though a military coup d’etat took place on 7 January 2025 and not a smooth transfer of power under the Constitution.
The immediate and first reason I can adduce for Kissi Agyebeng’s new found impunity is the fact that he thinks his actions are fostering the agenda of President John Dramani Mahama in the Operation Recover All Loot (ORAL) programme of the NDC which has no foundation in law. Secondly, Kissi Agyebeng thinks that he had rendered a favour to John Dramani
Mahama in the Airbus SE-Ghana corruption scandal case for which reason he can abuse his powers without consequences during the tenure of this Government. The third reason, as a matter of fair comment and grave public interest, is embedded in the reciprocal relationships and favours exchanged between Kissi Agyebeng, President John Dramani Mahama, the Attorney-General, Dominic Akuritinga Ayine, and the Majority Leader in Parliament, Mahama Ayariga, as disclosed by the past conduct of the Special Prosecutor since his appointment as the Special Prosecutor.
The first two reasons are deducible from the immediately preceding discourse. The third reason needs a trip to memory lane as ordinary citizens get preoccupied with the daily hustles of how to make ends meet for their families and themselves to easily forget historical events that impact present behaviour of persons wielding authority in public offices.
When Kissi Agyebeng, the Special Prosecutor was nominated for appointment by President Nana Akufo-Addo, his senior under whom he learnt the ropes of the bad practice of the law, Dominic Akuritinga Ayine, who was then the lead lawyer in the case of the Republic v Mahama Ayariga & Another pending in the High Court (Economic and Organized Crime Division 1) Accra eulogized him, inter alia, as follows:
“We worked together cumulatively for five years before he set up his law firm. I have several conversations with him regarding criminal prosecution, and I know that if something is against his conscience and his professional judgment, he will not do it….
His track record as a defence attorney is fantastic, we need to take that into account. In terms of the criminal law area, I think he is miles ahead of Martin Amidu He comes with a lot of experience in criminal matters.”
Kissi Agyebeng’s first in person act in the High Court, Accra, upon assuming office as the Special Prosecutor was to enter a nolle prosequi in the case (in which Dominic Akuritinga Ayine was leading Godwin Edudzi Tamakloe as lawyers from Ayine’s firm where he had been a pupil for five years) without having even sought the opinion of the Senior State Attorney from the Attorney-General’s Office who was prosecuting the case or the Deputy Special Prosecutor who had just handed over the office to him. Kissi Agyebeng’s unlawful exercise of discretion was cheered on by Dominic Ayine’s team of lawyers and the NDC on the one hand and endorsed by the NPP Government with Ken Ofori-Atta as Minister of Finance on the other, as appreciation and vengeance for my resignation from office respectively and simultaneously.
What happened was a clear exhibition of abuse of discretion in addition to a glaring
shameless conflict of interest arising from cronyism and favouritism for friends in the NDC and bravado to please an aggrieved appointing government seeking to denigrate my
appreciation of the criminal law: it was not the application of discretion arising from rigorous professional discussion. A pupil in chambers can only be as good as his master in chambers and so has Kissi Agyebeng, the Special Prosecutor, turned out as a carbon copy of Dominic Ayine whose recent exercise of discretion in cases pending in the Supreme Court and other courts by the Office of the Attorney-General confirms as the real master of impunity.
The manner Kissi Agyebeng breached all the laws on the handling of the case of Samuel Adam Mahama and Others as fugitives from Ghanaian justice under domestic and
international law to travel for a private meeting with the fugitives in the United Kingdom only to return to close the Airbus SE-Ghana corruption case partakes of his first in person appearance in the High Court, Accra, and announcing the entry of a nolle prosequi in a case being handled by another prosecutor without the knowledge of that prosecutor or his immediate superior. The poor Senior State Attorney first heard of the nolle prosequi of the case he was trying in the court room.
The refusal of the OSP to submit the docket to the Attorney-General and the President between August and December 2024 after he closed Airbus SE-Ghana docket on the excuse that the Special Prosecutor who had been directed to submit same was abroad reinforces the fact that Kissi Agyebeng knew he had engaged in abuse of office to render an undeserved favour for the real suspected fugitives from Ghanaian justice wanted by a Circuit Court in Ghana.
Before Kissi Agyebeng summoned the press conference on Wednesday 12 February 2025 his public referee at his Parliamentary vetting for office, Dominic Akuritinga Ayine, who had been appointed the Attorney-General in circumstances that prevented citizens from
confronting him with the outstanding issue of the West Cape Three Point case docket he is suspected to have unlawfully taken away on leaving office as Deputy Attorney General on 6 January 2017 had assumed the office of the Attorney-General. Dominic Ayine’s first acts as Attorney-General was to withdraw pending prosecutions in court in which he was acting with his junior, Godwin Edudzi Tamakloe (now the acting CEO of the National Petroleum Authority- NPA), as a lawyer for suspects despite the glaring conflict of interest and
professional misconduct involved.
The former Attorney-General Gloria Akufo, the former Deputy Attorney-General, Godfred Dame, who later became Attorney-General after Gloria Akufo, and the Director of Public Prosecutions, Yvonne Atakora Obuobisa, are my witnesses that there exists a trove of correspondence casting suspicion that the last person recorded to have called for and received from the Director of Public Prosecutions and not returned the West Cape Three Point docket is Dominic Ayine, who was before 6 January 2017 the Deputy Minister for Justice. Big US Dollar money! Still looted and omitted from Ablakwa’s ORAL report.
John Dramani Mahama’s Attorney-General appointed after compromises with Parliament to deprive the public of the right to submit memoranda on the missing docket from the
Attorney-General’s Office to establish Dominic Akuritinga Ayine’s unfitness for office under the 1992 Constitution immediately started the flip side of the Operation Recover All Loot agenda by implementing the unannounced Operation Release All Looters by withdrawing and entering nolle prosequi in criminal cases affecting members of the NDC and some of its former public officials pending in the courts. Remember the old saying, “there are two sides to every coin” and your basic science: “for every action, there is an equal and opposite reaction”. So, brought down to the banal level of cheap political tricksters: every Operation
Recover All Loot (ORAL) from adversaries begets an Operation Release All Looters (ORAL) for family, friends, and cronies. Capitalist inferior tactics on display!
Dominic Ayine who is now the Attorney-General is the supervising authority over the OSP with his former pupil in chambers who had done John Dramani Mahama a favour in the Airbus SE-Ghana corruption investigation by unlawfully closing the case docket in an election year. The irresistible conclusion is that the Attorney-General’s former pupil in his chambers, Kissi Agyebeng, the Special Prosecutor was acting in tandem with the state security apparatus in the unlawful invasion of Ken Ofori-Atta’s home on 11 February 2025, and followed the next morning, 12 February 2025 with the unlawful declaration of the same Ken Ofori-Atta as a fugitive from Ghanaian justice.
CONCLUSIONS
I was the first to call out Ken Ofori-Atta as a suspect for the commission of corruption and corruption related offences in a sixty-four-page report on the Agyapa Royalties Transactions Report and indicated my intention to conduct a full investigation after the 2020 election season. I had to submit my resignation as the founding Special Prosecutor on account of government interference with my independence to conduct those investigations and also to ensure that the international community made it impossible for the transaction to be listed on the London Stock Exchange as the Government intended.
I should, therefore, be the last person to be against the investigation and possible prosecution, by Kissi Agyebeng who was appointed by the Nana Akufo-Addo Government, of Ken Ofori-Atta under the new John Mahama Government in accordance with the due process of law and in adherence with the fundamental rights and freedoms guaranteed every citizen under the Constitution.
I cannot, however, with my professional experience as a public investigator and prosecutor spanning decades in government and culminating as the founding Special Prosecutor of the OSP sit by and allow the John Mahama government which I supported at the polls to use or allow the use of the OSP under Kissi Agyebeng as an instrument of a gargantuan government scam for parochial political objectives.
The coincidence of the raid on Ken Ofori-Atta’s home with the unlawful declaration of Ken Ofori-Atta as a fugitive from Ghanaian justice followed by attempts by the new appointees of the government and the executive arm of government in using the media to justify a clearly unlawful and unconstitutional abuse of power leads to the conclusion that the Special Prosecutor’s declaration of Ken Ofori-Atta as a fugitive from Ghanaian justice is a
gargantuan government of Ghana scam as I have argued and demonstrated hereinbefore.
We the People can not defend the 1992 Constitution if we adopt the attitude that because some of us perceived Ken Ofori-Atta to have implemented policies of government which affected our financial and emotional well-being we should sit aloof when his home is under fire by arsonists government gangsters in flagrant violation of the fundamental rights and freedoms guaranteed every citizen. Who knows which citizen’s home the Government Gangster’s will be descending upon next time. Government Gangsters are Government
Gangsters whether in an Akufo-Addo government or a John Dramani Mahama government whom the constitution enjoins every citizen to fight against and to protect the 1992 Constitution.
By Martin A. B. K. Amidu
20 February 2025