ARKHURST v. GHANA MUSEUM AND MONUMENTS BOARD

Mr. Arkhurst, a museum assistant appointed by the Ghana Museum and Monuments Board in 1957, and enrolled in its non‑contributory staff pension scheme, sued for general damages for wrongful dismissal and recovery of pension benefits. He admitted exporting goldweights, brass vessels, wood carvings, dolls and adinkra stamps but denied they were ‘relics’ under the Ghana Museum and Monuments Board Ordinance, 1957. An internal inquiry by Mr. Asiedu Akrofi cleared him on absenteeism and salary concerns, and police investigations into missing museum objects ended without charges. The Board, however, after learning of his clandestine exports without licence or consent, resolved to dismiss him for grave misconduct and later denied superannuation benefits. Abban J. construed the appointment letter to allow dismissal only for grave misconduct or criminal offence, held that Mr. Arkhurst breached the implied duty of fidelity by exporting museum‑type objects for private gain in violation of customs rules and public policy, and upheld both the dismissal and the Board’s discretion to withhold benefits.