Comrade Jerry John Rawlings, I salute you and you will continue to live in our hearts amidst the culture of silence in Ghana today. Every day I look beyond the horizon and wonder, when will salvation come to Ghanaians again under the 1992 Constitution you birthed? Say hi to Arikpo (GP. Captain Richard Forjeo (rtd.)), who followed you to eternity at the beginning of 2022. You are deeply missed and most fondly remembered.

The Parliament of Ghana has not proven itself in similar situations of military brutalities on citizens of being capable of providing a non-partisan and non-transactional solution or remedy unaffected by its self-interest. The ball must be left in the hands of constitutional defence activists and human rights lawyers who can speak truth to power through the process of lawfare. The 1992 Constitution must be defended at all costs.

It is time to take seriously the warning about the intention of Nana Akufo-Addo to abuse the spirit of the 1992 Constitution so he can achieve an outcome at the 2024 Presidential and Parliamentary Elections favourable to him as an insurance in his retirement. Ghana’s democracy, the rule of law and constitutionalism enshrined in the letter and the spirit of the 1992 Constitution must be defended by all patriotic citizens even if the heavens fall.

The Special Prosecutor of the OSP, Kissi Agyebeng’s inability to present the corruption offences suspected to have been committed by Charles Adu Boahen, and Anas Aremeyaw Anas under Sections 239 and 179C of Act 29 were deliberately actuated and influenced by his conflict of interest of which he was conscious.

Mahamudu Bawumia is a safe pair of hands to give Nana Akufo-Addo the third term in office he seeks using a surrogate. Whether Nana Akufo-Addo will succeed in actualizing his long game with Mahamudu Bawumia at the 2024 elections will unfold after his nomination on 4 November 2023. Nature’s justice will ultimately determine the final verdict.

The Special Prosecutor cannot be allowed to choose the persons he wishes to investigate and whose cases he would publish in his half-yearly report of the Office of the Special Prosecutor (OSP) and leave out serious cases of corruption and corruption-related offences of procurement malpractices, abuse of public office for profit, and corruption of public officers of persons to whom he was the lawyer in the on-going investigations before he assumed his position in the OSP.

Even at the height of incompetence and inexperience, no Special Prosecutor (unless he was intent on grievous mischief in abuse of the court process) who had petitioned the Chief Justice to remove a justice of the High Court from hearing all cases from the OSP before that High Court, will seek the supervisory relief of certiorari without asking for the accompanying relief of prohibition to restrain the judge and the court in the same application.

Any citizen upon whom the Special Prosecutor purports to give notice under regulation 20 of L.I. 2374 who has not been charged with any one of the eleven (11) specified corruption or corruption-related offences would commit no offence under Section 69(1) of Act 959 for non-compliance because the demand pursuant to regulation 20 of L. I. 2374 would have been made by the Special Prosecutor unlawfully. The Special Prosecutor took no valid statement on caution from Cecilia Dapaah or charged her with any specified offence.

The Special Prosecutor, Kissi Agyebeng, is running away with his tail between his legs from the adversarial process of the High Court even in matters which are sub judice. The proper forum for a competent and an experienced Special Prosecutor to state why the five bank accounts should be de-frozen when the matter is already in court, is before the High Court and not in the media to con the unsuspecting public.

After excelling in unlawfully fishing for evidence to prosecute citizens in violation of the enjoyment of their fundamental rights and freedoms to personal liberty and presumption of innocence, Kissi Agyebeng, the Special Prosecutor has now graduated to fishing for a court and a judge to do his bidding in the investigation and prosecution of all cases he prosecutes before the courts of Ghana. He is more competent, and experienced in the persecution of citizens presumed innocent by law in the court of public opinion than at an adversarial trial before a court of law.

The certified true copy of the ruling of the High Court vindicates my published opinion on 7 September 2023 and dated 6 September 2023 which should be read alongside this discourse for a holistic understanding of the necessity for the OSP remaining a professional law enforcement institution and not an unlawful and unconstitutional unruly monster. A rogue law enforcement institution becomes itself a crime scene needing to be cleansed to uphold the integrity of Act 959 and the 1992 Constitution.

Kissi Agyebeng appears to have personalized and politicized investigating the Cecilia Dapaah case as though he has a hidden agenda to use her to prove his competence as a Special Prosecutor. Should Ghanaians allow Kissi Agyebeng to turn the OSP into an unruly unconstitutional monster, then no citizen will be free from his inquisitorial and prosecutorial tentacles. Kissi Agyebeng used the OSP to violate constitutional rights of those citizens involved in the Labianca case; he abused Professor Frimpong-Boateng’s right to presumption of innocence; and it is now the turn of Cecilia Dapaah. It will be YOU the next time, should we all keep quiet.

The Ghana Police Service should as a matter of urgency and fairness investigate sources of alleged leaks as mandated by Section 74 of Act 959, and the Special Prosecutor will have to be the subject of this investigation himself to establish which authorized officers committed the offences. The Police cybersecurity department is capable of tracing the sources of the video and other publications on social media. The integrity of the OSP is clearly at stake if the presumption of innocence guaranteed the citizen is to be protected.

I contend that the 26 August 2023 special regional congress and presidential primaries have been pre-programmed in such a way that the margin of victory will be overwhelming for Dr. Bawumia and constitute an invitation to the delegates at the 4 November 2023 election to return him without the necessity for a runoff and the possibility for any ganging up as projected by some of the candidates. It was pre-programmed as a coronation with the trappings of a democratic contest.

The leaked Dampare tape recording has achieved its objective because the NDC in particular, as well as other opposition political parties and security and intelligence operatives, have diverted their attention to defending and extolling the virtues and perceived neutrality of the IGP. The NDC and other opposition political parties ought to make haste slowly in what they say in praise or condemnation of the IGP. Consider the long game and heed the warning: “There is no art to find the mind’s construction in the face”!

Africa has so many examples of chaos that Ghana can learn from, which is why patriotic citizens must speak up against the creeping canker of the politicization of the Office of the Attorney-General and the judiciary branch of government by the NPP and the NDC. I have raised my finger. Join me by raising your finger as a patriotic citizen so that we can together defend the 1992 Constitution against the political hawks from the NPP and the NDC. Non Desistas Non Exieris: Never Give Up Never Surrender.

The Attorney-General’s press release of 4 July 2023 is an attempted smokescreen to gag citizens’ fundamental rights and freedoms. His insinuation that legitimate criticisms of investigatory and prosecutorial functions of his office “unduly interferes with the work of State Prosecutors performing their constitutional function of prosecuting crime in Ghana” ignores provision under the 1992 Constitution, which proscribes that sovereign people of Ghana may hold to account State Prosecutors who allow themselves to be misused to abuse the very prosecutorial constitutional function they purport to perform in aid of an oppressive Government whose aim is to weaponize the system of criminal justice administration to achieve electoral political objects in an election cycle.

I have lived under threats of assassination, armed robbery, and the burning of my house, from this regime since 16 November 2020. The late Victor Newman aborted discussions to assassinate me then. These threats intensify any time I exercise my right to defend the Constitution just as I did on 28 June 2023 and 30 June 2023. There was a covert attack on my residence at dawn on Monday 3 July 2023. President Nana Akufo-Addo, is ultimately responsible for anything violent that befalls me or my residence. I shall not back down from defending the 1992 Constitution. No Ghanaian patriot must be cowed by threats of those violating the Constitution.

A dragnet for “everyone and every person” is not law enforcement under the 1992 Constitution. It is witch hunting Agyebengism, pure and simple. When tyrannical investigators and prosecutors in the mold of William Kissi Agyebeng are let alone, they deploy empty rhetorical performances, which signify nothing, to confuse the public. The emerging tyranny of William Kissi Agyebeng activates the constitutional and patriotic duty of citizens to respond to those abuses and stop them in their tracks before they destroy this country with a new McCarthyism.

The NDC must be congratulated by all patriotic persons who act apolitically in the national interest and believe in defence of the Constitution and in the sustenance of democracy and the rule of law in Ghana. I take the view that Constitutionalism won in the Supreme Court, the Attorney-General failed woefully in weaponizing the administration of criminal justice, while democracy and the rule of law won massively at the Assin North by-elections.