The Supreme Court has unanimously declared that the letter from the Office of the President signed by the Secretary to the President, Nana Asante Bediatuo directing Auditor-General Daniel Yaw Domelevo to proceed on annual leave is unconstitutional.
According to the panel chaired by Justice Nene Amegatcher, that directive was inconsistent with provisions in the Constitution and was null and void.
The panel also declared the directive appointing acting Auditor-General Mr. Johnson Akuamoah Asiedu when the substantive Auditor-General had not been removed is unconstitutional and null and void.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, who was at the Supreme Court reports that the full reasons of the apex court according to the presiding Judge, Justice Nene Amegatcher would be ready on or before June 21.
The reliefs granted by the apex court are;
“A declaration that, on a true and proper interpretation of Articles 70(1)(b) and 71(1), 187(3), (5), (7)(a), (8), (12), and (13), and Article 297(a) of the 1992 Constitution, the directives issued by or on behalf of the President on or between 29th June, 2020 and 3rd July, 2020, instructing the Auditor-General to proceed on “accumulated” leave with effect from Ist July, 2020 for a prescribed number of days determined by the President, are void and of no legal effect, because the said directives are inconsistent with the letter and spirit of the aforementioned provisions of the Constitution as they improperly interfere with the independence and functions of the Auditor-General.
“A declaration that, the purported appointment or designation by or on behalf of the President on 30th June, 2020, of one Mr. Johnson Akuamoah Asiedu as “Acting Auditor-General” is void and of no legal effect, as the said appointment stands contrary to Articles 70(1) (b), 187(3), and (7) of the Constitution as well as the Second Schedule to the Constitution.
“A declaration that, on a true and proper interpretation of Articles 70(1)(b) and 187(3) of the Constitution, the power to appoint, authorise or designate a person or persons to exercise a power or perform a function constitutionally assigned to the Auditor-General is vested solely in the Auditor-General; therefore, the purported appointment of a person as ‘Acting Auditor-General,’ and the subsequent performance of the functions of the Auditor-General by such person, without authorization from the Auditor-General violate the letter and spirit of the aforementioned provisions of the Constitution and are void and without any legal effect whatsoever.
“A declaration that, on a true and proper interpretation of Articles, 71(1), 187(12), and 297(a) of the Constitution, the leave entitlement of the Auditor-General is, like his salary, a right associated with his office as an independent constitutional officeholder and does not constitute or give rise to an obligation which the Auditor-General is duty-bound to assume or else be compelled so to do at the instance and insistence of the President.”
Meanwhile, the panel also dismissed the following reliefs sought by the plaintiffs:
“An order of perpetual injunction to restrain the President or his agents from issuing or seeking to enforce on the Auditor-General any directive that has the Purpose or effect of commanding the Auditor-General to take his leave or surrender any of his powers or functions to another person.
“An order of perpetual injunction to restrain the President or his agents from designating or appointing any person as “Acting Auditor-General” to exercise a constitutional power or perform a constitutional function of the Auditor-General without authorisation from the sole duly-appointed Auditor-General;
and
“Any other consequential orders that this Honourable Court may deem appropriate under the circumstances.
Background
On October 26, 2020, Civil Society Organisations (‘CSOs’), through their lawyers, filed a writ at the Supreme Court, challenging the June 29, 2020 directive of the President that has sent the Auditor-General, Mr. Daniel Domelevo, on involuntary leave since Wednesday, 1st July, 2020.
The President then appointed Mr. Johnson Akuamoah Asiedu, an officer of the Audit Service, to act as Auditor-General during the 167 working days that the Auditor-General is supposed to be away on forced leave.
The CSOs organised a press conference on 7th July, 2020, as a coalition of CSOs in response to the President’s action and issued an appeal to the President to rescind his directive to the Auditor-General.
But, that appeal failed to yield any results and the government was dragged to the apex court.
The Plaintiffs are Ghana Center for Democratic Development (CDD-Ghana, Ghana Integrity Initiative, Citizen Ghana Movement, Africa Center for Energy Policy, Parliamentary Network Africa, Penplusbytes, Media Foundation for West Africa, SEND Ghana and One Ghana Movement.
