Martin Kpebu: Demands Stronger Special Prosecutor Supervision

• Private legal practitioner Martin Kpebu has called for stronger oversight of Ghana's Office of the Special Prosecutor (OSP).
• Kpebu attributes recent controversies to Special Prosecutor Kissi Agyebeng's conduct and leadership style, arguing it undermines public confidence.
• He criticized the OSP Act, 2017 (Act 959), for lacking sufficient checks and balances to regulate the Special Prosecutor's actions.
• The Supreme Court, on July 29, 2026, upheld Act 959 but affirmed Attorney-General Dr. Dominic Akuritinga Ayine's constitutional power to supervise and discontinue OSP prosecutions.
• Kpebu views this Supreme Court ruling as providing essential institutional restraint and "adult supervision" for the OSP, particularly for its current head, Special Prosecutor Kissi Agyebeng.

Mr. Kpebu was particularly emphatic in his assertion that Special Prosecutor Kissi Agyebeng specifically requires this "adult supervision," citing what he described as a failure to conduct himself appropriately.

Private legal practitioner Martin Kpebu recently voiced significant concerns regarding the Office of the Special Prosecutor (OSP) in Ghana, advocating for more robust oversight mechanisms. Speaking on Joy News’ PM Express on Monday, September 1, 2026, Mr. Kpebu contended that the institution requires stronger supervision to prevent its head from eroding public trust. He attributed much of the controversy surrounding the OSP over the past eighteen months to the leadership style and conduct of Special Prosecutor Kissi Agyebeng.

Mr. Kpebu emphasized the inseparable link between the OSP and its chief executive, stating that the Special Prosecutor serves as the primary ambassador and public face of the organization. He argued that any dissatisfaction with the occupant's activities or governance style inevitably impacts public perception of the OSP itself. This perspective underscores his `Martin Kpebu OSP leadership criticism`, suggesting that individual actions have institutional consequences.

The legal practitioner further criticized the foundational legislation, the Office of the Special Prosecutor Act, 2017 (Act 959), for what he perceives as a lack of foresight in its drafting. Mr. Kpebu questioned the absence of adequate safeguards designed to regulate the conduct of whoever holds the Special Prosecutor position. He suggested that the framers of the law seemingly operated under the assumption that every occupant would act impeccably, failing to incorporate sufficient checks and balances to manage potential issues.

According to Mr. Kpebu, this oversight in the `OSP Act 959 constitutional challenge` framework has directly contributed to the current tensions and public discourse surrounding the institution. He highlighted that the original design did not adequately provide for mechanisms to rein in the occupant, leading to a situation where the institution's integrity could be compromised by individual leadership.

Mr. Kpebu's comments followed a pivotal Supreme Court ruling delivered on July 29, 2026, which addressed a `OSP Act 959 constitutional challenge` concerning the OSP's prosecutorial powers. The apex court unanimously affirmed the constitutionality of the Office of the Special Prosecutor Act, 2017 (Act 959), thereby preserving the OSP's legal foundation and validating its ongoing prosecutions. This decision was in response to a case initiated by private legal practitioner Noah Ephraem Tetteh Adamtey, who had challenged the OSP’s mandate under Article 88 of the 1992 Constitution.

Crucially, the Supreme Court's judgment also clarified the hierarchy of prosecutorial authority in Ghana. It unequivocally affirmed that Attorney-General Dr. Dominic Akuritinga Ayine retains constitutional prosecutorial authority and possesses the power to discontinue prosecutions initiated by the OSP, establishing a clear supervisory role for the AG over the Special Prosecutor's office. This aspect of the ruling provides significant `Ghana OSP Attorney-General oversight`.

For Martin Kpebu, the Supreme Court's decision represents a vital institutional restraint that he believes was conspicuously absent from the OSP's original operational framework. He interpreted the ruling as effectively placing the OSP under the direct supervision of Attorney-General Dr. Dominic Akuritinga Ayine, thereby addressing the perceived gap in accountability. This development directly relates to the `Martin Kpebu Special Prosecutor supervision` argument.

Mr. Kpebu was particularly emphatic in his assertion that Special Prosecutor Kissi Agyebeng specifically requires this "adult supervision," citing what he described as a failure to conduct himself appropriately. His strong `Martin Kpebu OSP leadership criticism` underscores his view that while the OSP's legal foundation is now secure, the practical application of its powers necessitates stringent oversight, especially given the conduct of its present head. The `Supreme Court OSP prosecutorial powers` clarification thus provides a mechanism for this supervision.

This development clarifies the hierarchy of prosecutorial authority in Ghana, affirming the Attorney-General's power to supervise and discontinue prosecutions by the Office of the Special Prosecutor. Lawyers should consider this precedent when advising clients facing OSP investigations or charges, as it establishes a potential avenue for review by the AG and defines the limits of the OSP's independence.

Source: Original reporting via Carbonatix