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September 29, 2023

Asking Domelevo to proceed on leave unconstitutional – Supreme Court

Immediate past Auditor-General Daniel Domelevo
Immediate past Auditor-General Daniel Domelevo

The Supreme Court has in a unanimous decision described as unconstitutional the directive from the Presidency that asked former Auditor-General Daniel Domelevo to proceed on leave.

The court also described as unconstitutional the President’s appointment of an Acting Auditor General while there was a substantive Auditor-General as equally unconstitutional.

The Presidency in July 2020 asked the then Auditor General to proceed on leave.

When Mr Domelevo pointed this out as unlawful, his leave was further extended from 123 days to 167 effective July 1, 2020.

Nine civil society groups sued the Attorney General over these directives.

They included the Centre for Democratic Development (CDD-Ghana), Ghana Integrity Initiative, (GII), Citizen Movement Ghana, Africa Center for Energy Policy (ACEP), and Parliamentary Network Africa.

They contended that the directives were u lawful since the President does not have the power to exercise such disciplinary control over independent bodies.

The Court, however, opted not to issue any other orders including stopping Mr Domelevo from proceeding on leave since he has since retired.

The case was heard by Justices Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Lovelace Johnson, Gertrude Torkonoo, Prof Henrietta Mensah Bonsu and Emmanuel Kulendi.

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