A significant dispute has emerged between private legal practitioner Martin Kpebu and the Office of the Special Prosecutor (OSP), following Kpebu's arrest on December 3, 2023. Both parties have offered starkly contrasting accounts of the events leading to his detention and subsequent release, intensifying an already strained relationship.

The OSP, through its Director of Strategy, Research and Communications (SRC), Sammy Darko (also identified as Samuel Appiah Darko), provided a detailed account of the incident. According to the OSP, Mr. Kpebu caused an obstruction after ignoring security instructions upon arrival at the premises. He allegedly reacted angrily, insulted the guards, insisted he could act as he pleased, and threatened to report them, calling them “nobodies” and stating their boss “would soon be removed.” The OSP insisted that the arrest, carried out on suspicion of obstruction, was lawful, executed without force, and devoid of any political or personal motive. The OSP also noted that one of Mr. Kpebu’s lawyers created further disruption during the bail process, insulting officers and causing a scene, though she was gently removed without force.

The OSP further characterized this incident as part of a consistent pattern of unruly conduct and disrespect from Mr. Kpebu towards its security officers, often accompanied by attempts to misrepresent the facts publicly. They explicitly rejected claims that the arrest was linked to the ongoing inquiry into corruption allegations made by Mr. Kpebu against the Special Prosecutor and the office itself. The OSP clarified that its investigators hold ranks equivalent to Deputy Commissioners of Police, dismissing suggestions that “junior officers” were handling sensitive cases or that the office was “investigating itself.” The OSP also stated that Mr. Kpebu had been cautioned after filming around restricted premises, and his subsequent insults and threats triggered the arrest. The office maintained that the law applies to everyone equally, regardless of media visibility or social influence, and that bail was granted in line with procedure. Samuel Appiah Darko accused Mr. Kpebu of a deliberate effort to denigrate the office and tarnish the reputation of Special Prosecutor Kissi Agyebeng.

Conversely, Martin Kpebu presented a different narrative, alleging he was verbally abused and threatened by soldiers stationed at the OSP. He recounted an exchange where a soldier, whose presence for police duties he questioned, told him he wouldn't be allowed to park his car there again. When he resisted, citing his rights as someone assisting the OSP and not a suspect, another soldier allegedly joined in and threatened him, eventually calling him a “stupid man.” Mr. Kpebu strongly criticized the deployment of soldiers at the OSP, describing it as a “vigilante mentality” designed to intimidate individuals and expressing concern that such actions undermine due process and public confidence.

Mr. Kpebu insisted that his arrest was entirely unjustified, an act of “pure overreach” and part of what he termed a “suicide mission” embarked upon by Special Prosecutor Kissi Agyebeng’s OSP. He argued that he had complied with all procedures and that the detention was an unnecessary act designed to instill fear. He also voiced frustration over what he described as an unreasonable bail condition, requiring him to provide proof of ownership of a landed property after allegedly being verbally abused and then arrested while voluntarily assisting the office.

In response to his experience, Mr. Kpebu announced his intention to prepare what he calls the “mother of all petitions” to trigger the removal of Kissi Agyebeng from office as Special Prosecutor. He indicated that he is gathering extensive new details from the public to formally assemble a comprehensive petition for submission to the President, aimed at addressing what he perceives as a departure from professional grounding and an undermining of due process by the OSP.

The incident has also drawn external criticism, with Madina Member of Parliament, Francis Sosu, demanding that the OSP be summoned before Parliament to account for Mr. Kpebu’s detention. Mr. Sosu condemned the detention as unacceptable and emphasized the need for parliamentary oversight to ensure accountability and protect democratic checks and balances, asserting that no state agency should operate outside the confines of the law.