Supreme Court Rules On Demolevo's Case: Says It Was Wrong For Presidency To Force Him To Go On Leave

Supreme Court Rules On Demolevo's Case: Says It Was Wrong For Presidency To Force Him To Go On Leave

  • After more than two years, the Supreme Court has determined that the Executive erred in directing former Auditor-General Daniel Domelevo to proceed on leave
  • For many, the ruling on Wednesday, May 31, 2023, suggests the Executive infringed on the administrative rights of the former Auditor General in 2020
  • The court, however, did not issue any other orders such as stopping Domelevo from proceeding on leave since he has already retired

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A seven-member panel of Supreme Court justices has determined unanimously that it was unconstitutional for the Presidency to force former Auditory General Daniel Domelevo to go on leave.

The justices of the apex court also faulted the Executive for unconstitutionally appointing another person to act as an Auditor General while Domelevo had not stepped down officially.

The ruling on Wednesday, May 31, 2023, confirms that Nana Akufo-Addo Presidency infringed on the constitutional and administrative rights of the former Auditor General.

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Daniel Yaw Domelevo's "proceed on leave" directive was unconstitutional, Supreme Court rules
Former Auditor General Daniel Yaw Domelevo has since been appointed to the Audit and Finance Committee of Global Fund. Source: Facebook/@dandomelevo
Source: Twitter

Presidency directs Domelevo to proceed on leave

The Presidency in a letter dated July 29, 2020, ordered Daniel Yaw Domelevo to proceed on his accumulated annual leave of 123 working days.

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The directive sparked controversy and forced people to say he was being targeted for taking on the then-Senior Minister Yaw Osafo Maafo over a $1 million Kroll Associates deal.

The Auditor General was soon compelled to retire after his long leave.

CDD leads civil society groups sue Attorney General over Domelevo

Influential civil society groups, led by the Centre for Democratic Development (CDD), filed a writ at the Supreme Court on Monday, October 26, 2020, challenging a June 29 directive from the Presidency to then-Auditor-General, Daniel Domelevo, to proceed on involuntary leave.

The directive from the Presidency also announced the appointment of Johnson Akuamoah Asiedu, an officer of the Audit Service, to act as Auditor-General during the 167 working days that the Auditor-General would be away on forced leave.

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"It is our fervent hope that through this legal action, we can 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 our collective effort to build and strengthen the pillars of constitutionalism, checks and balances, and accountability in Ghana," CDD had said in a statement after the writ was filed at the apex court.

Unanimous decision for a good cause

The nine CSO who filed the writ at the Supreme Court are:

Ghana Center for Democratic Development (CDD-Ghana), One Ghana Movement, Media Foundation for West Africa (MFWA), Citizen Ghana Movement, Africa Center for Energy Policy (ACEP), Parliamentary Network Africa, Penplusbytes, SEND Ghana and Ghana Integrity Initiative (GII),

After faulting the Executive for unconstitutionally forcing Domelevo to proceed on leave, the court did not issue any other orders such as stopping Domelevo from proceeding on leave since he has since retired.

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The judges who heard the case are:

  1. Justices Nene Amegatcher
  2. Prof Ashie Kotey
  3. Mariama Owusu
  4. Lovelace Johnson
  5. Gertrude Torkonoo
  6. Prof Henrietta Mensah Bonsu and
  7. Emmanuel Kulendi.

Daniel Domelevo gets a Global Fund appointment

Meanwhile, has reported in a separate story that former Auditor-General Daniel Domelevo clinched a new appointment with the Global Fund in July 2020.

The respected anti-corruption campaigner serves on a 12-member Finance Committee Board of the Fund.

When news of his new appointment hit the headlines, many Ghanaians recalled his removal from office and congratulated him on his new appointment.

Fighting corruption is not done alone or in silence

Also, reported that Domelevo won the respect of many Ghanaians when he said the fight against corruption cannot be done alone and also in silence.

He said if an individual decides to fight corruption alone, and in silence, that person will not last.

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He made this known when he spoke at a Thanksgiving ceremony in honour of his retirement.

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