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The Supreme Court unanimously declared unconstitutional the directive from the Presidency directing former Auditor-General Daniel Domelevo to take a leave of absence. A substantive Auditor-General was also in office during the time of the Acting Auditor-General’s appointment, according to the court, which is unconstitutional.
In July 2020, the Presidency ordered the then Auditor-General to proceed on leave. When Mr. Domelevo challenged the legality of this directive, his leave was extended from 123 days to 167 days, effective from July 1, 2020.
Nine civil society groups, including the Centre for Democratic Development (CDD-Ghana), Ghana Integrity Initiative (GII), Citizen Movement Ghana, Africa Center for Energy Policy (ACEP), and Parliamentary Network Africa, sued the Attorney General, arguing the directives were unlawful. They maintained the President does not possess the authority to exert disciplinary control over independent bodies.
However, the Court chose not to issue any additional orders, such as preventing Mr. Domelevo from proceeding on leave, as he has already retired.
The case was presided over by Justices Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Lovelace Johnson, Getrude Torkonoo, Prof Henrietta Mensah Bonsu, and Emmanuel Kulendi.
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Source: Omanghana.com
