Former employee sues OSP over ‘wrongful’ dismissal

A former staff member of the Office of the Special Prosecutor (OSP) has dragged the specialised anti-corruption agency to court for terminating his appointment without giving him a hearing. 

In a suit filed at the Human Rights division of the High Court to enforce his fundamental human right, Deputy Staff Officer (DSP) Mark Kwaku Asiedu-Arthur is challenging the grounds for the withdrawal of his appointment by the OSP.

Before joining the OSP in 2023, Asiedu-Arthur worked with the National Intelligence Bureau (NIB) where his appointment was terminated in 2016.

He asserts that his prior termination from the NIB was thoroughly discussed during his job interview with the OSP in 2023, before being hired as an investigator.

He contends that after being suspended for a week due to an ongoing investigation, he was not given an opportunity to appear before a disciplinary committee before his appointment was rescinded in June 2025.

He added that the OSP letter of withdrawal of service, which revoked his appointment on grounds that it only became aware in 2025 that he had been dismissed from the NIB in 2016 and as such he was ineligible for employment at the OSP, was disingenuous since he had already disclosed this during the interview stage in 2023.

The crux of his argument is that having been aware of the facts at the point of recruitment, and having employed and confirmed him thereafter, the OSP was estopped from relying on the same facts to justify the withdrawal of his appointment, adding that he was never given an opportunity to be heard before his appointment was withdrawn.

“That the decision of the OSP to rely on a known and previously accepted fact to now justify the withdrawal of my appointment is an abuse of discretion and a violation of my right.”

“That I am advised by counsel and verily believe same to be true that a public institution cannot rely on its own inaction or oversight as a ground to deprive an individual of employment or protection under the law,” he added, saying the actions of the OSP had caused him grave injustice and irreparable damage to his professional reputation. 

Reliefs

He is, therefore, praying the High Court for a declaration that the OSP’s withdrawal of his appointment letter without a hearing, and based on previously disclosed information, is unfair, unreasonable, and in breach of Article 23 of the 1992 Constitution.

“A Declaration that the OSP’s action in withdrawing the applicant's appointment letter dated without due process, amounts to a violation of his right to a fair hearing and right to administrative justice,” the applicant stated in his writ which was filed by his counsel, Derrick Aboagye Asamoah.

He also wants the court to issue an order for him to be reinstated or, in alternative, payment of compensation in a lump sum, and a payment of compensation for the infringement of his right. 

Background

Giving a background in the processes that led to his appointment, the applicant said he was duly offered employment by the OSP on July 31, 2023 after disclosing that his appointment with the NIB had been terminated.

He added that during his 12-month probation, he was assigned to investigate several cases including one involving the Scholarship Secretariat, leading to the arrest of suspects and gathering of evidence.

The applicant alleged that his investigative team was preparing to arrest former Chief Executive Officer of the secretariat, Kingsley Agyemang, who Asiedu-Arthur claimed was a close friend of the Special Prosecutor, Kissi Agyebeng.

He further stated in his affidavit in support of the motion that in October 2024, Special Prosecutor directed him to discontinue investigations into the case involving Mr Agyemang who was a parliamentary candidate for the Abuakwa South Constituency in order not to prejudice his political ambitions.

After discontinuing the case, the applicant alleged that he began to face victimisation but his appointment was confirmed on October 1, 2024.

However, after his confirmation, Asiedu-Arthur said OSP received a petition that he was engaged in another employment and earning income without approval from the SP, and that he had disclosed his name as Michael Ebbah.

He said the petitioner mistook him for Michael Ebbah and went ahead to provide the OSP with details of Ebbah which were later verified by the OSP.

In June this year, the applicant alleged that he was served with a letter of interdiction after placing a call to the OSP to obtain charge statements after the SP had tasked them to open investigations into the Scholarship Secretariat with no further arrests of suspects in the matter.

It is this interdiction that he claimed that he was not given a hearing, leading to a further termination of his appointment on the grounds that his appointment with NIB was terminated, and hence was not eligible to be employed by the OSP.

Writer’s E-mail: justice.agbenorsi@graphic.com.gh