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OSP appointments are criminal and unconstitutional– Martin Amidu

Former Special Prosecutor Martin Amidu has raised serious concerns over the legitimacy of staff appointments at the Office of the Special Prosecutor (OSP), calling on President John Dramani Mahama to investigate the issue.

In an open letter sighted byMyNewsGh.com, Amidu accused current Special Prosecutor William Kissi Agyebeng of overseeing unconstitutional appointments that were not authorized by the appropriate bodies.

“Apart from the Special Prosecutor and the Deputy Special Prosecutor, the senior staff of the rank of category ‘B’ officers (who are the Directors of Divisions) do not hold their appointments from the President acting in accordance with the advice of the Board of the OSP given in consultation with the Public Services Commission (PSC),” Amidu stated.

He emphasized that these appointments were made long before an OSP Board was constituted and, as such, could not be legally ratified later.

The appointment of this category of staff which were done long before there was a Board are not capable of being ratified by the Board later as criminally claimed by William Kissi Agyebeng,” he argued.

Amidu called on President Mahama to demand proof of appointment letters to ensure due process was followed. “President Mahama, call for their appointment letters in fairness,” he urged.

According to Amidu, the OSP Board under Linda Ofori-Kwafo lacked the authority to legalize what he termed a “criminal and unconstitutional action” taken by Agyebeng.

He further insisted that Agyebeng could not justify these appointments under any “doctrine of necessity,” as he was required by law to use seconded staff until proper recruitment procedures were followed.

He also pointed out that former President Akufo-Addo never delegated his authority to appoint staff at the OSP before leaving office.

“The President also never delegated any of his appointing functions in respect of Category ‘C’ officers by direction in writing to the OSP Board or to a committee of the Board, or to any member of that Board or to any public officer such as the Special Prosecutor by 7 January 2025 when the NPP government exited office,” Amidu asserted.

Furthermore, he revealed that all appointment letters at the OSP were personally signed by Agyebeng without copies sent to the Presidency, PSC, or other relevant institutions like the Auditor-General’s office.

President Mahama can now easily establish the fact that President Akufo-Addo never delegated his appointing power in writing to the OSP Board before he left office on 6 January 2025,” he concluded.

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