MP demands constitutional reform as 16 petitions flood OSP removal process

The Member of Parliament for Berekum West, Dickson Kyere-Duah, has urged a critical review of Ghana’s Constitution to empower the President with the authority to screen and filter petitions seeking the removal of high-ranking officeholders, including the Special Prosecutor.

His call follows an unprecedented wave of petitions lodged against Special Prosecutor Kissi Agyebeng. The number of complaints has surged to sixteen, creating what many observers describe as a looming institutional crisis at the Office of the Special Prosecutor. The MP warns that without immediate reforms, the judiciary risks being stretched to a breaking point.

Mr. Kyere-Duah argued that although the existing legal framework enhances democratic accountability, it also exposes the system to abuse and politicisation. The ease with which removal petitions can be activated, he said, threatens the stability of vital state institutions.

A Case for Executive-Level Screening

Under the current Office of the Special Prosecutor Act (Act 959) and relevant constitutional provisions, the President must automatically forward all petitions demanding the removal of the Special Prosecutor to the Chief Justice. There is no legal room for assessment, discretion, or rejection at the Executive level.

Mr. Kyere-Duah believes this loophole has opened the door for frivolous, politically driven, or ill-motivated petitions to trigger a process involving the nation’s highest judicial authorities.

He explained that this compulsory process has become impractical in today’s situation.

“The President should be given powers to examine such petitions and determine whether they meet a reasonable threshold before allowing the process to proceed,” he said. “As it stands, every petition, regardless of merit, must be transmitted to the Chief Justice, and once that happens, the legal process must begin.”

Mounting Pressure on the Chief Justice

The MP noted that the accumulation of sixteen petitions against one officeholder is a clear sign of systemic vulnerability. If the trend continues, he warned, the Chief Justice will face an overwhelming burden that could severely undermine judicial productivity.

“At a point, the Chief Justice may be inundated with these processes,” Mr. Kyere-Duah cautioned. “Every day, the Chief Justice may be tied down responding to petitions rather than attending to other equally important constitutional responsibilities.”

Under the OSP Act, the Chief Justice must complete several rigid procedures within specified timelines. These include determining within 30 days whether a prima facie case exists and, if so, assembling a three-member committee within 14 days to conduct a full inquiry that must conclude within 90 days.

If similar petition surges were directed at other public officials whose removal procedures also involve the Chief Justice—such as Commissioners of the Electoral Commission or the leadership of CHRAJ—the judiciary’s normal operations could suffer significantly.

No Breach of Law, but Need for Reform

Despite the growing turbulence, Mr. Kyere-Duah was clear that no law has been violated. He affirmed that the petitions represent a natural consequence of Ghana’s democratic structure.

“This is part of the democracy we practice,” he said. “Under our current Constitution, the processes are being followed, and they must be allowed to run their course.”

However, he insisted that the long-term sustainability of the system requires pragmatic reforms. The MP’s proposed constitutional amendment would introduce an Executive-level filter to prevent the judiciary from being overwhelmed by baseless or excessive petitions.

Such a mechanism, he argued, would help preserve the integrity of removal processes while ensuring that only serious, well-founded complaints advance to the Chief Justice.