Martin Kpebu Esq. of the GT Legal Practitioners in Accra, on Monday October 26, 2020, filed a writ at the Supreme Court on behalf nine Civil Society Organisations (CSOs) challenging the June 29, 2020 directive of the President that has sent the Auditor-General, Mr. Daniel Domelevo, who took an oath of office as Auditor General on December 30, 2016, on involuntary leave since Wednesday, 1st July, 2020.
The concerned CSOs are the Ghana Center for Democratic Development (CDD-Ghana), Ghana Integrity Initiative (GII), Citizen Ghana Movement, Africa Center for Energy Policy (ACEP), Parliamentary Network Africa, Penplusbytes, Media Foundation for West Africa (MFWA), SEND Ghana, and One Ghana Movement.
The writ, duly served on the Attorney General, was aimed at invoking the original jurisdiction of Articles 2(1) and 130 of the 1992 Constitution, and Rules 45 of the Supreme Court Rules, 1996 (C. I. 16).
It sought a declaration that the purported directives instructing the Auditor General to proceed on “accumulated” leave, effective July 1, 2020, for a prescribed number of days, are void and of no legal effect.
The non-partisan CSO plaintiffs explained that the said presidential directive was inconsistent with the letter and spirit of Articles 70(1) b, 71 (1), 187 (3), (5), (7), (8) and 13 and Article 297 (a).
They also sought a declaration that the purported appointment and designation of one Johnson Akuamoah Asiedu as “acting Auditor General” was in contravention of Articles 70(1)b, 187 (3), and 7 of the Constitution, as well as the Second Schedule of the Constitution, and therefore void and of no legal effect.
The plaintiffs, bent on promoting the rule of law, transparency and accountability in governance, are also seeking a proper and true interpretation of 70(1)b and 187 (3), that 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 was vested solely in the Auditor General, and therefore, the purported appointment of a person as “acting Auditor General” and subsequent performance of the functions of the Auditor General by such person without authorisation from the Auditor General violates the letter and spirit of the Constitution.
The action also sought an order for perpetual injunction to restrain the President or his agents from issuing or seeking to enforce any directive on the Auditor General to take his leave or surrender any of his powers or functions to another person.
The plaintiffs also want an order for an injunction to further restrain the President from designating or appointing any person as “acting Auditor General” to exercise a constitutional power or function.
The action, meant to defend the Constitution and the independence of the Auditor-General, is a follow up to a press conference by the coalition on July 7, 202 at which the CBOs appealed to the President to rescind his directive to the Auditor-General, in response to the President’s action.
Both the International Organisation of Supreme Audit Institutions (INTOSAI) and the English-speaking section of the African Organisation of Supreme Audit Institutions (AFROSAI-E) also implored the President to reconsider his decision.
The President has, since, 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 coalition of CSOs has expressed grave concern over the constitutional and governance implications of the President’s action, and wished that the President would reconsider his decision in the light of the alleged deleterious effect of his action on public accountability and the fight against waste and corruption in the management of public finances.
Having had no positive response, they resorted to the instant action, hoping the legal action can help to safeguard the independence of the Office of the Auditor-General, and all independent constitutional offices established under the Constitution of the 4th Republic, so that they can discharge their lawful mandates effectively without fear or favour, and, thereby, play their respective parts in their collective effort to build and strengthen the pillars of constitutionalism, checks and balances, and accountability in Ghana.
The post CSOs challenge President’s directive to send Domelevo on leave in court appeared first on The Chronicle Online.
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