Process in dismissing my petition to remove Special Prosecutor contravenes due process — Martin Amidu

Martin Amidu, Ghana's first Special Prosecutor, has accused the Chief Justice of contravening due process in her determination that his petition to remove the current SP did not disclose a prima facie case.

Amidu had on April 30th submitted a petition to the President calling for the removal of Kissi Agyebeng from office as SP.

According to the laws governing the Office of the SP, the President was required to refer the petition to the Chief Justice within 7 days for her to determine if there is a prima facie case.

However, in his statement, Amidu says the Chief Justice took beyond the mandated 30 days to make her determination.

He quotes the SP Act which states "the Chief Justice shall within thirty days, determine whether there is a prima facie case".

He further alleges that "the period and procedure taken by the Chief Justice to determine that there is no prima facie case in this matter has, unfortunately, been pertinently abnormal, medievally imperial in method, and in contravention of the exercise of judicial power under Article 125 of the 1992 Constitution."

Amidu insists the process smacked of "the exercise of the relics of medieval imperial power, and not judicial power".

He argues the public was entitled to know the outcome of the petition promptly as required by law.

He is demanding a copy of the Chief Justice's review to aid transparency and accountability regarding the petition's outcome.

But says despite the abnormal process, the determination was not for him to make as required by the law.