A human rights case has been filed in the High Court of Justice (Human Rights Division) in Accra, challenging the withdrawal of an appointment letter by the Office of the Special Prosecutor (OSP).
The applicant, Mr. DSO Mark Kwaku Asiedu-Arthur, is seeking judicial enforcement of his fundamental rights under Article 33 of the 1992 Constitution of Ghana and Order 67 of C.I. 47.
Mr. Asiedu-Arthur, formerly employed as an Investigator at the OSP’s Investigations Division, alleges that his appointment letter dated July 31, 2023, was withdrawn unfairly and without due process.
The withdrawal was reportedly based on previously disclosed information related to a prior termination from the National Intelligence Bureau (NIB), which had been fully disclosed and discussed during his interview.
The motion, filed by Derrick Aboagye Asamoal, Esq., counsel for Mr. Asiedu-Arthur, contends that the withdrawal of the appointment letter was;
1. Unfair and unreasonable, violating Article 23 of the 1992 Constitution, which guarantees fair administrative action.
2. Conducted without a hearing or due process, infringing on the applicant’s right to a fair hearing and administrative justice.
3. A breach of the applicant’s fundamental human rights, warranting compensation and reinstatement or, alternatively, lump sum payment and many others.
The applicant is requesting the court to:
1.Declare the withdrawal of the appointment letter as unlawful and unconstitutional.
2.Recognize the violation of his right to a fair hearing and administrative justice.
3.Order payment of compensation for the infringement of his fundamental rights.
4.Mandate reinstatement to his former position or payment of compensation in lieu.
5.Award legal costs in accordance with the Ghana Bar Association scale.
6.Grant any other orders the court deems just and appropriate.
In support of the motion, Mr. Asiedu-Arthur has sworn an affidavit detailing his employment history, the application process, and the circumstances surrounding the withdrawal of his appointment.
Notably, he intends to seek the court’s permission to cross-examine key officials, including Mr. Kissi Agyebeng, Esq., the Special Prosecutor, Mr. Emmanuel Basintale Amadu, Director of Investigations, and Ms. Boakyewaa Glover, Director of Administration and Human Resource Management at the OSP.
The Attorney General, representing the State, and the Office of the Special Prosecutor, established under the Office of the Special Prosecutor Act, 2017 (Act 959), are the respondents in this matter.
The High Court is expected to hear the motion in due course, where further evidence will be presented, and the testimonies of the OSP officials will be scrutinized.
Attach here is the full motion on notice:
Source: www.kumasimail.com /Kwadwo Owusu
