CJ dismisses Martin Amidu’s petition against SP, citing insufficient grounds
Chief Justice Gertrude Sackey Torkornoo has dismissed a petition by former Special Prosecutor Martin Amidu, seeking the removal of his successor, Kissi Agyebeng, from office.
However, the Chief Justice determined the petition lacked the necessary factual and legal foundation to establish a prima facie case for Agyebeng’s removal.
The petition, dated Tuesday, 30 April 2024, was sent to President Nana Addo Dankwa Akufo-Addo and conveyed to Chief Justice Torkornoo on Monday, 6 May 2024.
Mr. Amidu’s allegations included procurement breaches in vehicle purchases for the Office of the Special Prosecutor (OSP), abuses involving judges and the administration of justice, violations of citizens’ rights through arrests and detentions, breaches of the right to information, and improper appointments within the OSP. Amidu also claimed that Agyebeng misused his office by arresting individuals such as Cecilia Dapaah and Prof. Frimpong Boateng.
In her conclusion, the Chief Justice stated: "The factual and legal foundation of the petition falls short of the standard required to establish a prima facie case for the removal of the Special Prosecutor."
Mr. Amidu publicly criticised this decision in an online piece. He revealed: "I have today received a one-page letter from the Presidency with reference number OSP 307/24/659 dated 2 July 2024 notifying me that: ‘… the Honourable Chief Justice, Mrs. Justice Gertrude Sackey Torkornoo, has submitted her review of the existence or absence of a prima facie case with respect to your petition.’ I was then informed that: ‘In accordance with section 15 (3) of the Office of the Special Prosecutor Act, 2017, the Chief Justice determined that the factual and legal foundation of the petition falls short of the standard required to establish a prima facie case for the removal of the Special Prosecutor.’”
Expressing dissatisfaction with the process, Mr. Amidu added, "I was not given a copy of the ‘review of the existence or absence of a prima facie case’ submitted by the Chief Justice leading to her determination with respect to my petition to aid the accountability and transparency of the outcome. The outcome of the petition was not mine to make, and I ought not normally to have any regrets whatsoever about any outcome made in accordance with the taught traditions of the exercise of judicial discretion, in which a determination is made by the Chief Justice that my petition disclosed no prima facie case for the Special Prosecutor to answer."
Source: classfmonline.com/Elikem Adiku
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