You Betrayed Ghanaians; Leave That Office! – Kpebu Fumes at OSP

Private legal practitioner Martin Kpebu has launched a blistering attack on the Special Prosecutor, Mr. Kissi Agyebeng, accusing him of betraying the people of Ghana in the fight against corruption.

According to Mr. Kpebu, the Special Prosecutor has failed Ghanaians and must immediately vacate his position.

He alleged that Mr. Agyebeng has committed acts worse than the latest revelation, describing them as “just a tip of the iceberg.”

Mr. Kpebu’s outburst follows recent comments by the Special Prosecutor, who disclosed that he was aware former Finance Minister Ken Ofori-Atta was leaving the country but could not act to stop him due to the lack of operational power at the time.

Speaking on The KSM Show, Mr. Agyebeng clarified that his office did not deliberately “watch” the former minister depart but was “powerless” to prevent it.

“We didn’t watch him leave; we were powerless. That is the truth. We saw him leave, but we couldn’t prevent him from leaving the airport,” Mr. Agyebeng said.

He, however, noted that the situation has since improved under the current government, with the Office of the Special Prosecutor (OSP) now enjoying stronger cooperation from security agencies.

Betrayal of Trust

But Mr. Kpebu, a prominent anti-corruption advocate, dismissed the explanation, insisting that Mr. Agyebeng’s inaction amounted to a betrayal of public trust.

“You betray the people of Ghana like this and expect to stay on? Laa ilaha! So Prof. Gyampo was right when he said Kissi Agyebeng is not the conscience of the nation. Gyampo, come for your stone. I’m gobsmacked. What a sin thing,” he wrote in a Facebook post sighted by THE ARCHIVES.

He accused the Special Prosecutor of failing to act responsibly even when he had avenues to raise alarm.

“ORAL was working when Ken Ofori-Atta left, yet Kissi didn’t see fit to alert ORAL that KOA was about to flee. ORAL had security capos who could help. No press conference either. And you think you have a Special Prosecutor? WALAHI TALAHI, we are finished—but before then, Kissi must leave that office first. This is just a tip of the iceberg. He did worse things. They will all come out one by one,” Mr. Kpebu charged.

The outspoken lawyer further questioned why the Special Prosecutor failed to fulfill his civic duty as enshrined in the 1992 Constitution, which vests sovereignty in the people of Ghana.

“What happens to the Constitution—sovereignty resides in the people, in the preamble, Articles 1, 35 and 125? WALAHI, this one dei… You see the forever effect Martin Amidu got when he blew the whistle on Akufo-Addo through the public disclosure on the interference in the Agyapa deal—the ‘mother serpent of corruption’ saga,” he noted.

Mr. Kpebu argued that Mr. Agyebeng should have drawn inspiration from the “air of liberation” after the recent elections to act decisively.

“The OSP is not for timorous souls. We need bold spirits. Is Kissi Agyebeng an enemy of progress in the fight against corruption?” he quizzed.

Deadline for Asset Freeze

Meanwhile, Mr. Kpebu has given the OSP until November 14 to freeze the assets of Ken Ofori-Atta, warning he will personally petition for the removal of Kissi Agyebeng if swift action isn’t taken.

Speaking on TV3’s Key Points on November 1, 2025, Kpebu warned that any delay could give the former minister an opportunity to hide or transfer ownership of his properties.

He called on the OSP to move beyond the investigative stage and take legal steps to safeguard state resources.

“We cannot afford to have Ofori-Atta sell his assets or transfer them to others. This is public money, we must recover all of it,” Kpebu stated, emphasizing the urgency of securing freezing orders over all assets allegedly connected to the controversial Strategic Mobilisation Ghana Limited and Ghana Revenue Authority contract.

The lawyer criticized what he described as the OSP’s slow approach to the case, arguing it risks eroding public confidence in the institution’s fight against corruption.

“He’s been on this case since 2023, and we’re still waiting. This is in the public interest. He must move with urgency and secure freezing orders over all assets,” he said.

Explaining the legal framework, Kpebu noted that the OSP Act (Act 959) grants the Special Prosecutor authority to temporarily freeze assets, although this power is limited and subject to judicial approval. “The OSP can freeze assets for only 14 days; after that, he must go to court for an extension. He needs to act fast so we don’t lose everything,” he explained.

According to Kpebu, the push to seize and secure assets is part of an initiative he calls “Operation Recover All Loot,” aimed at ensuring accountability and retrieving every cedi allegedly lost through the SML and GRA deal.

The legal practitioner also took issue with aspects of the OSP’s report on the contract.

While acknowledging that it exposed irregularities, he argued the recommendations did not go far enough in terms of full recovery of funds.

“The OSP’s report shows clearly that SML did not perform the work and yet got paid. I don’t understand how the report concludes that only GH₵125 million should be recovered,” he explained. He referenced several paragraphs in the report detailing how SML’s flow meters malfunctioned and how the company consistently failed to deliver on its obligations while continuing to receive payments.

“Look at paragraph 215 onward, you’ll see how SML kept lying about their systems working when, in fact, they weren’t. Even when they claimed to have replaced their flow meters, the evidence showed they were still not performing,” Kpebu added.

His frustration stems partly from what he views as missed opportunities for early intervention.

Kpebu argued the OSP should have acted sooner on findings by investigative journalist Manasseh Azure Awuni, whose earlier report covered similar ground.

He suggested the OSP should have arrested the former minister when the government changed, granting him bail with sureties and properties to prevent him from leaving the country.