The sudden arrest and subsequent detention of prominent lawyer Martin Kpebu by the Office of the Special Prosecutor (OSP) has drawn sharp criticism from governance experts, with IMANI Africa Vice President Kofi Bentil demanding immediate clarification on the legal basis of the OSP’s actions.
Speaking on Joy FM’s Midday News on Thursday, December 4, 2025, Mr. Bentil warned that the OSP must operate strictly within its legislative mandate, cautioning that any perception of procedural opacity erodes public confidence in the anti-graft body.
Mr. Bentil highlighted the confusion surrounding the nature of the arrest, which was reportedly made on charges of obstructing an OSP officer.
He questioned whether the arrest was carried out by OSP officials or other state security apparatus and what specific law was being applied against Mr. Kpebu.
“My only worry is that it is not clear what law the OSP is proceeding under to deal with Martin, particularly the way they are dealing with him.”
He pointed out the contradictory information circulating regarding the arresting agency:
“Is it the OSP that has arrested him or not? We are told it’s not the OSP. We are not sure whether it’s the police or it’s the military.”
Further challenging the OSP, Mr. Bentil questioned the exact charge being levied against the well-known anti-corruption crusader, noting that initial reports fluctuated between obstruction and other vague allegations related to the premises.
“And we are not sure what he has been arrested for because we’ve heard things about obstruction. Was he arrested for obstructing the OSP or arrested for granting an interview outside the OSP premises? And what was the charge? What is being used? What law to hold Martin guilty or to run him through all this?”
Mr. Bentil emphasised that as a public office, the OSP is established by law to serve the citizens and is not exempt from observing due process. He urged the Special Prosecutor to be measured in its approach, especially given Mr. Kpebu’s willingness to cooperate.
“Look, we make laws for ourselves. We don’t make laws to establish rules for people to oppress us. So the OSP must appreciate that they are a public office and they are subject to the system, not above it.”
The IMANI Vice President stressed the necessity for the OSP’s actions to be legally grounded, warning that the current lack of transparency is negatively influencing public opinion.
“So anything that they do, they must be properly grounded and soundly in law. I don’t think what is going on is right.”
“So I think the OSP must be measured in how they are progressing. Clearly, even the public sentiment is against them. So they should clarify what laws they are acting under.”
Mr. Bentil concluded by reminding the public that the OSP operates with delegated powers from the Attorney General, not plenary authority, and must therefore maintain strict adherence to its legal boundaries:
“The OSP office is a limited office acting with delegated powers from the Attorney General. They don’t have plenary powers to do whatever they want, however they want it. So they should clarify what they are doing and come clear.”
The arrest and the subsequent confusion regarding Mr. Kpebu’s bail and status have raised constitutional concerns about the extent of the OSP’s powers in relation to citizens’ rights.
Mr. Kpebu was reportedly granted bail under the condition of showing landed property and providing one surety. The location of the lawyer was momentarily unknown after his legal team returned to the OSP office to complete the formalities.