Domelevo’s ‘Forced’ Leave Unlawful – SC2 min read
Daniel Domelevo
The Supreme Court has declared that the presidential decision ordering former Auditor General, Daniel Domelevo, to take his accumulated leave in 2020 was unconstitutional.
The court also ruled that the appointment of Johnson Akuamoah Asiedu, as Acting Auditor General, whom Mr. Domelevo was directed to handover all matters relating to his office, was unlawful.
The Office of the President in June 2020, directed Mr. Domelevo to proceed on his 167 days accumulated leave which took effect on July 1, 2020.
The directive, which generated public debate, was challenged in court by the Ghana Centre for Democratic Development (CDD) that asked the apex court to declare it as unconstitutional.
The writ sought the court to declare the President’s directives as void and of no legal effect, because the said directives are inconsistent with the letter and spirit 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.
It also sought 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 of the Auditor General is vested solely in the Auditor General; therefore, the purported appointment of an ‘Acting Auditor-General,’ was unconstitutional.
The writ therefore sought an order prohibiting the President or his agents from issuing any directives to Mr. Domelevo to proceed on his accumulated leave or surrender any of his powers or functions to any other person.
It also sought a perpetual injunction against the appointment of Mr. Asiedu as Acting Auditor General in the absence of Mr. Domelevo.
A seven-member panel of the court, presided over by Justice Nene Amegatcher and supported by Justices Nii Ashie Kotey, Mariama Owusu, Avril Lovelace Johnson, Gertrude Torkornoo, Prof. Henrietta Mensa-Bonsu, and Yonny Kulendi, unanimously pronounced the directive null and void.
The court, however, dismissed the reliefs seeking a perpetual injunction against the President proceeding with the directive to Mr. Domelevo and another one appointing the Acting Auditor General invariably because those orders were moot.
The court said its full reasons for the decision would be made available on June 21, 2023.
