Senior Vice President of IMANI Africa, Kofi Bentil, has stated that making allegations against public office holders, even if unsubstantiated, does not constitute a criminal offence in Ghana.
Mr Bentil made the remarks on Joy FM’s Midday News on Thursday, December 4, 2025, amid the ongoing public dispute between the Office of the Special Prosecutor (OSP) and private legal practitioner Martin Kpebu.
He stressed that the proper response to such allegations is to demand proof through established processes rather than resorting to intimidation or criminal proceedings against the accuser.
“When you make allegations against a public officer, it is not a crime. If you can’t prove it, it simply means the person you made the allegations against will go free,” Mr Bentil explained.
He added that if the Special Prosecutor, Kissi Agyebeng, feels defamed by Mr Kpebu’s claims, the lawful remedy lies in civil court, not criminal prosecution.
“If they think they have been defamed, they can take you on. But it is not a crime to make an allegation, even a false one,” he said, clarifying that while unsubstantiated claims may be irresponsible, they remain protected under the law.
Mr Bentil criticised the OSP’s approach toward citizens who raise concerns about its operations, describing it as overly aggressive.
“The OSP should not take umbrage and put a citizen through all kinds of stress simply because the person believes they have made allegations against them,” he cautioned.
He further suggested that the OSP may not be the most appropriate body to investigate complaints levelled against its own head, but urged the public to allow the matter to unfold through due process.
The comments come in the wake of Mr Kpebu’s recent detention by the OSP and his repeated public accusations of corruption and conflict of interest against Mr Agyebeng, including plans to petition President John Dramani Mahama for the Special Prosecutor’s removal.