# Kissi Agyebeng

Kissi Agyebeng (born 2 July 1978) is a Ghanaian lawyer, academic, and the Special Prosecutor of Ghana since 2021. Prior to his appointment, he was a lecturer at the University of Ghana, Managing Partner at Cromwellgray LLP, and the Chairman of the Electronic Communications Tribunal of Ghana.

## Early life and education (1978–2006)

Agyebeng was born on 2 July 1978 and hails from Kwahu Nkwatia, in the Eastern Region. He attended the Accra Academy where he obtained his Ordinary Level (O-Level) certificate in 1994 and his Advanced Level (A-Level) certificate in 1996.
Following his secondary education, he gained admission to study Law at the University of Ghana, where he graduated in 2001 as the best-graduating student of his batch, winning the Bentsi-Enchill Award for Best Graduating Law Student. Agyebeng continued at the Ghana School of Law in 2001, and graduated in 2003 with the E.N. Sowah Memorial Award for Best Student in Family Law.
That same year, he was called to the Ghana Bar.
In 2004 he enrolled at the Schulich School of Law, Dalhousie University, where he studied Marine and Environmental Law, graduating in 2005.
Following his postgraduate studies at Dallhousie, he entered Cornell Law School, Cornell University, for another master's degree program in Corporate Law and Securities Regulation. At Cornell, he was the editor of the Cornell LL.M. Newsletter.

## Early Career (2006–2021)
### Academia

Following his postgraduate studies abroad, Agyebeng returned to Ghana, where he gained employment as a lecturer at the University of Ghana. In 2009, he doubled as the International Humanitarian Law lecturer at the Regional Maritime University in Nungua, Accra. In 2011 he joined the Ghana Armed Forces Staff College and, a year later, taught Criminal Law at Mountcrest University College. In 2013 and 2014, he taught Criminal Law at Central University College, and the Ghana Institute of Management and Public Administration (GIMPA) respectively. He remained a lecturer at the University of Ghana until his appointment as the Special Prosecutor in 2021. He taught Criminal Law and International Humanitarian Law at the University of Ghana School of Law for more than fifteen years.

### Legal practice

Agyebeng begun as an associate at Zoe, Akyea, and Co. Law firm. He joined the Center for Public Interest Law (CEPIL), a Human Rights/Public Interest Law Firm in Accra in 2008, and, a year later, gained employment at the Accra based Ayine and Felli Law Firm as a Senior Associate.
Prior to his appointment to the office of the Special Prosecutor, he was a Managing Partner of Cromwell Gray LLP, and the chairman of the Electronic Communications Tribunal of Ghana; a tribunal responsible for the adjudication of appeals from verdicts of the National Communications Authority (NCA) and the Dispute Resolution Committee of the NCA, with regards to the use of electronic communications, how broadcasting is regulated and the utilisation of the electro-magnetic spectrum, in addition to other related issues. He was made chairman of the tribunal on July 1, 2019, succeeding Samuel Date-Bah, formerly Justice of the Supreme Court of Ghana.
He was the founding Managing Partner of Cromwell Gray LLP, a law firm operating from Ghana. He has been the legal counsel for the famous Ghanaian investigative journalist Anas Aremeyaw Anas and Ghana Blackstar player Asamoah Gyan.

## Special Prosecutor (2021–present)
### Nomination and Appointment as Special Prosecutor

Agyebeng was nominated on 26 April 2021 by the Attorney General, Godfred Yeboah Dame, to replace Martin Amidu, the former Special Prosecutor who resigned on 16 November 2020. The nomination was with accordance to section 13(8) of the Special Prosecutor Act 2017 (Act 959) that states that; "When the position of the Special Prosecutor becomes vacant, the president shall, within six months, appoint another qualified person for that portfolio". In a letter to the office of the president, the Attorney General stated: "Kissi Agyebeng possesses the requisite expertise on corruption and corruption-related matters, is of high moral character and proven integrity and satisfies all the other requirements stipulated in section 13(1) and (2) of Act 959." The nomination was then approved by the president and forwarded to parliament. He was vetted by the Appointments Committee of parliament on Thursday 22 July 2021, and unanimously recommended. He was subsequently approved unanimously by parliament on Friday 30 July 2021. As stated by the first deputy speaker of parliament, Joseph Osei Owusu; "The motion is adopted, and Kissi Agyebeng has been confirmed as a nominee for the position of Special Prosecutor". Agyebeng was sworn into office by the president of Ghana, Nana Akufo-Addo on Thursday, 5 August 2021. According to the president, "He has the capacity, the experience, the requisite values and intellectual strength to succeed in this vital position."

### Agyebeng and salary

On 30 September 2021, during a Peace FM interview, Agyebeng reflected on his career trajectory, highlighting his decision to combine lecturing at the University of Ghana with private law practice as a response to poor salaries.
   "In Ghana unlike elsewhere, we know teachers are not well paid, same applies to those who teach at the University level. I can tell you that salaries of lecturers at University of Ghana, Legon is not up to 1000 dollars a month ... That is why I am saying that if teaching was lucrative, I would not have loved to do any other job. But, because lecturers are not well paid, you must add on another job. But if you say because I love teaching, that is all that I would do. Meanwhile you are not paid well, and you can’t even buy a bicycle, me too I love life, so I can’t just stay at legon to suffer poverty"
Agyebeng taught at the University of Ghana for fifteen years; from 2006 to 2021. These retrospective comments were made while he was a guest in the capacity of Special Prosecutor on the Ghanaian radio interview.

#### Controversies

In December 2022, the Minority in Parliament under the leadership of Haruna Iddrisu, accused the government of denying the Special Prosecutor Agyebeng a salary for a period of 16 months. His predecessor, Martin Amidu, in a rejoinder action against the news report, claimed that Agyebeng did not follow procedure in engaging staff at the office, saying Agyebeng made "unlawful and unconstitutional appointments".
Amidu's reason was that "valid warrants of appointments" were not given as the recruitments were done without the involvement of the governing board of the OSP and the Public Service Commission. Amidu also revealed that Agyebeng was seeking "a higher personalised salary", for which he has not been paid.
In January 2023, pressmen later picked up that Agyebeng had refused to take up the recommended salary of GHS 20,000 because he deemed it "not befitting of [his] status". Agyebeng is said to have been told by government that he would be paid what is approved by the Public Service Commission and not necessarily what befits his status. The government has also asked that anomalies from Agyebeng's various appointments be rectified.

## Initiatives and Actions Under Special Prosecutor Kissi Agyebeng
### Prosecutions
#### Sarfo-Kantanka

I. Initiated investigation into bribery allegations involving the President’s nominee for Chief Executive of Juaben Municipal Assembly.
II. Charged with multiple counts of corruption; trial ongoing.

#### Northern Development Authority & A&QS Consortium.

I. Investigated corruption complaints.
II. Four individuals, including former executives, are on trial..

#### Adjenim Boateng Adjei (Public Procurement Authority)

I. Charged with multiple counts of corruption related to procurement fraud..

#### Payroll Fraud

I. Six individuals charged with payroll fraud; trial pending.

### Investigations
#### Labianca Company & Ghana Revenue Authority

I. Investigated corruption allegations involving Customs Division.

#### Airbus SE

I. Seven-year investigation into bribery allegations involving Ghana’s aircraft procurement.
II. No evidence found to prosecute former President Mahama or others.

#### Estate of Kwadwo Owusu-Afriyie (Sir John)

I. Investigated alleged improper acquisition of state-protected lands.
II. Seizure & Freezing orders denied; appeal filed.

#### National Cathedral Project

I. Probe launched into procurement and financial transactions.

#### Galamsey Economy Documentary

I.The OSP investigated corruption allegations against former Deputy Finance Minister Charles Adu Boahen during President Nana Akufo-Addo’s first term. The findings indicated that his actions, as captured in the Galamsey Economy documentary, constituted influence peddling, which is not explicitly criminalised in Ghana but is punishable in some jurisdictions.
II. Based on this, the Special Prosecutor has directed the closure of the investigation for now. However, the case may be reopened if new facts or circumstances arise.

#### Bribery Allegations in Parliament

I. Concluded probe into attempts by a businessman to bribe Members of Parliament.

#### Cecilia Dapaah (former minister for Sanitation)

I. Investigated corruption and money laundering allegations.
II. Case referred to EOCO which has money laundering jurisdiction, later docket returned citing lack of alleged predicate offence. All court proceedings dropped.

#### Ken Ofori-Atta.

I. Former Finance Minister declared wanted over multiple corruption investigations.
II. Later agreed to return voluntarily.

### Speeches & Reports
#### 1.     World Anti-Corruption Day (December 2021)

* Delivered keynote address on Ghana’s anti-corruption fight.

#### 2.     CC FraudNet Conference (April 2023)

* Spoke on state capture, corruption, and fraud.

#### 3.     Half-Yearly Reports

* Released statutory Half yearly reports on investigations and prosecutions consistently since 2022 till date.

### Other Notable Actions
#### 1.     US Collaboration

* Hosted US Assistant Secretary Todd D. Robinson to strengthen international anti-corruption efforts.

#### 2.     Government Payroll Investigation

* Joint operation with the Controller & Accountant General to remove ghost names from payroll and recover funds.

#### 3.     Election Integrity Initiative

* Committed to preventing and suppressing electoral fraud in upcoming elections.

## State institutions represented

State institutions he has represented include the following:
* Volta River Authority
* Ghana National Petroleum Corporation
* National Lottery Authority
* Youth Employment Authority
* Ghana Trade Fair Company

### Cases Concluded on July 2023

In July 2023, the Office of the Special Prosecutor (OSP) concluded on it investigations into the following four major cases:
* Case against Charles Adu Boahen
* Gaming Commission of Ghana
* Charles Bissue
* Unnamed Wealthy Businessman

## Selected publications

* Theory in Search of Practice – The Right of Innocent Passage in the Territorial Sea, Cornell International Law Journal, (2006) p 371.
* The Prophecies of the Prophetic Jurist – A Review of Selected Works of Oliver Wendell Holmes, Jr. (2005). Cornell Law School LL.M. Papers Series. Paper10.
* Disappearing Acts – Toward a Global Civil Liability Regime for Pollution Damage Resulting from Offshore Oil and Gas Exploration (2006). Cornell Law School LL.M. Papers Series. Paper 11
* Minority Rights in Corporate Governance in Ghana: The End of the Rule in Foss v. Harbottle?, in Ghana Law Since Independence: History, Development and Prospects, Mensa-Bonsu et al eds, 73 (Black Mask Ltd, 2007)
* To Disclose or Not to Disclose the Offence – That is the Question: The Case of Allan William Hodgson (2008-2010) 24 University of Ghana Law Journal 87
* A Commitment to Law, Development & Public Policy – A Festschrift in Honour of Nana Dr. SKB Asante (Wildy, Simmonds & Hill Publishing, London, 2016) – co-editor with Richard Frimpong Oppong
* Conflict of Laws in Ghana (Sedco Publishing, Accra, (upcoming February 2021) – co-author with Richard Frimpong Oppong
* A Few Good Men: Suppressing and Repressing Corruption and State Capture in Aid of Development.

## Personal life

Kissi Agyebeng is a Christian and married.