Your job is to interpret the law, not determine who should be investigated or not - Kissi Agyebeng slams courts, judges

The Special Prosecutor, Kissi Agyebeng, has criticised courts in Ghana for meddling in the work of his office, the Office of the Special Prosecutor (OSP).

Speaking to the media at a press briefing in Accra on Wednesday, November 29, 2023, Kissi Agyebeng bemoaned the continuous injunction of investigations of the OSP by justices of the courts.

He said that the court’s responsibility is to interpret the laws of Ghana and not to determine who should be investigated by the investigative bodies in the country including the OSP.

He said that it was totally wrong for the court to stop the investigations by the OSP, adding that it sets a bad precedent for criminal investigation in the country.

“… the duty and mandate of the courts is to apply and enforce the laws of the Republic and not to clothe persons with immunity from criminal investigations and prosecution. A court cannot injunct the OSP from investigating or prosecuting any person.

“The decision to investigate and prosecute lies with the investigation and prosecution authorities such as the OSP and the OSP has at all material times carried out its power to investigate with candour and professionalism being minded of the rights of suspects under its investigation,” he said.

He added that the decision by the court to stop two of its investigations is detrimental to the fight against corruption and could lead to even murderers seeking injunctions from being investigated.

“The danger of this startling decision is once again obvious. A judge has granted two persons immunity from investigation for suspected corruption and corruption-related offences and hence immunity from prosecution.

“This decision opens up a calamitous deluge as every person under criminal investigation would be encouraged to take out suits to injunct investigation and prosecution bodies from investigating and prosecuting them. The real and present danger looms largely on the consideration that by so doing, persons under investigation would conscript the judiciary to clothe them with immunity from investigation and prosecution,” he said.

The special prosecutor said that investigations should be allowed to continue so that the court can make judgments on the findings.

BAI/OGB

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