A former Deputy Staff Officer (DSO) of the Office of the Special Prosecutor (OSP), DSO Mark Kwaku Asiedu-Arthur, has sued the OSP for violating his human rights after terminating his appointment without hearing.
According to the Applicant, the OSP unfairly withdrew appointment letter without a hearing, citing a previous termination from the National Intelligence Bureau (NIB) that was fully disclosed during the recruitment process.
In a suit filed on his behalf by his lawyer, Derrick Aboagye Asamoah, the Applicant stated that he was employed by the OSP in July 2023 and served diligently until his appointment was withdrawn in June 2025.
He claims that the OSP’s action was motivated by his investigation into politically sensitive matters, particularly the Scholarship Secretariat case, and that the real reason for the withdrawal of his appointment was victimization.
Asiedu-Arthur alleged that the Special Prosecutor, Kissi Agyebeng, had a personal interest in the Scholarship Secretariat case and wanted to victimize him for his role in investigating the matter.
He claims that the OSP’s actions were tainted with illegality, procedural unfairness, and bad faith.
Reliefs Sought
Asiedu-Arthur is seeking several reliefs, including:
“A Declaration that the 2nd Respondent’s (OSP) withdrawal of the Applicant’s appointment letter dated 31st July 2023, without a hearing, and based on previously disclosed information, is unfair, unreasonable, and in breach of Article 23 of the Constitution, 1992.
“A Declaration that the 2nd Respondent’s action in withdrawing the applicant’s appointment letter dated 31st July 2023, without due process, amounts to a violation of his right to a fair hearing and right to administrative justice.
He is thus demanding,”Payment of compensation to the Applicant for the infringement of the Applicant’s fundamental human rights.”
“An order to be reinstated or in alternative payment of compensation in a lump sum.
“Cost occasioned by this action including legal fees per Ghana Bar Association (GBA) scale of fees,” he asked.
Constitutional Implications
The case raises constitutional implications, particularly with regards to the right to administrative justice and the protection of public servants from arbitrary decisions.
Asiedu-Arthur’s lawyer argued that the OSP’s actions were contrary to Article 23 of the 1992 Constitution, which guarantees the right to administrative justice, and Article 191, which protects public servants from victimization and arbitrary decisions.
Affidavit in support
In his affidavit in Support of the motion, the Applicant described himself as “an employee of the 2nd Respondent (OSP) and was stationed at the Investigations Division (ID) as an Investigator.”
While the 1st Respondent (AG) is the Chief Legal Adviser of the State and he is mandated by Article 88(5) of the constitution to institute all civil cases on behalf of the State; and all State institutions including the Office of the Special Prosecutor.
“…The 2nd Respondent is a creature of statute, established under the Office of the Special Prosecutor Act, 2017 (Act 959), in the year 2018, with the mandate to investigate and prosecute offences of corruption and corruption-related offences in both the public and private sectors.
Disclosure
The Applicant states that, that in or about 2023, he applied for employment at the OSP, was shortlisted, and subsequently invited for an interview.
He said, his application documents, particularly his Curriculum Vitae (CV), he disclosed that his appointment was previously terminated from a prior place of employment, namely the National Intelligence Bureau (NIB).
According to him, “this prior termination of my appointment was fully discussed during the interview process. and the interview panel expressed satisfaction with my explanation.”
He said, despite the disclosure, he was duly offered employment by the 2nd Respondent and was issued with an appointment letter July 31, 2023.
“…My appointment was subject to a 12-month probation, which I duly served without incident or misconduct.
“…During my probation period, I was assigned to investigate matters relating to corruption and corruption-related offences involving the Scholarship Secretariat,” he stated.
According to him, “during the course of this investigation, several suspects were arrested, cautioned statements were taken from them, and numerous pieces of evidence were retrieved by my team.
“That at a point in the investigation, my team was preparing to arrest Mr. Kingsley Agyemang, the Chief Executive Officer of the Scholarship Secretariat, who is now the Member of Parliament for Akim Abuakwa South and a very close friend of the Special Prosecutor (Mr. Kissi Agyebeng, Esq.)
“That owing to the imminence of the 2024 general elections and the fact that Mr. Kingsley Agyemang, of the Scholarship Secretariat, was a parliamentary candidate for the Abuakwa South Constituency, the Special Prosecutor, in or around October 2024, directed that the investigation involving the Scholarship Secretariat be discontinued so as not to prejudice his political ambitions.”
“That following the discontinuation of the said investigation, I began to face victimization and undue pressure within the Office.
“That following the successful completion of my probation, I was confirmed as a staff member of the Office of the Special Prosecutor and was issued a confirmation letter dated 1st October 2024.
“That it was expressly stated in the said confirmation letter that my appointment was confirmed after satisfactory work and conduct during my probation as a Deputy Staff Officer (which is the equivalent in rank to Deputy Superintendent of Police) within the investigation division.
“That throughout my employment with the 2nd Respondent, I served with diligence, commitment, and professionalism, and was never subjected to any disciplinary action or found guilty of misconduct.
Phone call
“That shortly after my confirmation, I was issued with a query dated the 14th day of March, 2025, purported to have been necessitated by a petition received from one Comfort Oduraa, alleging that I was engaged in another employment and earning income without approval from the Special Prosecutor, and that I had an undisclosed name as Michael Ebbah.
“That I responded to the query and attached an identity card of Michael Ebbah, who is a Director of Falcom Bureau of Security, where I was also a Director before resigning to join the Office of the Special Prosecutor, and other documents to show that the person in question was not me.
“That the Office invited Michael Ebbah to the office to assist them in clarification and also made verifications from the Ministry of the Interior, all of which confirmed that I was not the same Michael Ebbah as alleged in the complaint.
“That in the first week of June 2025, the Special Prosecutor issued a directive that the investigation relating to corruption and corruption-related offences involving the Scholarship Secretariat be revisited, and that charges be preferred against the suspects who had already been arrested; however, no further arrests were to be made, including that of Honourable Kingsley Agyemang.
“That I placed phone calls to the various suspects to report to4 the Office of the Special Prosecutor in order to obtain charged statements from them.
“That a week after I placed the said phone calls to invite the suspects in the matter, I was issued with a letter of interdiction dated Thursday, the 9th day of June 2025.
That following the failure of the 2nd Respondent to establish any wrongdoing against me, I was nonetheless served with a letter of interdiction on Thursday, the g day of June 2025, stating that I was a subject of an ongoing investigation by the National Disciplinary Board of the OSP.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
