Lawyer and former legislator, George Loh, has described the contempt conviction against the Auditor-General, Daniel Domelevo as a blow to the fight against corruption.
Speaking to Citi News, Mr. Loh said it “was not prudent for a judge to convict him [Mr. Domelevo] for contempt of court.”
“That way you are demoralising the whole architecture for fighting corruption,” he added.
Mr. Domelevo was found guilty of contempt of court for failing to respond to a suit filed by the Senior Minister, Yaw Osafo-Maafo, which was challenging a $1 million surcharge.
According to the court, Mr. Domelevo had said he was busy finishing up an audit report for Parliament hence his failure to respond to the suit.
Mr. Loh felt this reason for not meeting the deadline did no merit a contempt ruling.
“If you look at how this thing has panned out, I was of the view that nothing he has done constituted a deliberate attempt to do something that will be an affront to the dignity of the court.”
Another lawyer, Yaw Oppong, who represented the Senior Minister, described the outcome as fair.
“We had told the court that our client has never been so much interested in the [Auditor-General] being in prison so other remedies that will ensure the maintenance of the sanctity of the court so the court should be lenient with him.”
Despite the conviction, Mr. Domelevo will not face jail time.
The judge, Justice Botwe, in her ruling, said due to the important role the Auditor-General plays, she will opt to caution and discharge him rather than sentence him.
Background to suit
Mr. Osafo Maafo and four other officials from the Ministry of Finance sued Mr. Domelevo to clear their names in relation to what was said to be breaches of the Public Procurement Act (PPA) that resulted in their payment of US$1 million to a private UK firm, Kroll and Associates.
Mr. Osafo Maafo had said he was resorting to the courts because “the evidence available shows clearly that the Auditor-General erred in law and professional procedures in the exercise of his powers regarding his audit on payments to Kroll and Associates Limited.”
“I have on Wednesday, 11th December 2019, instructed my lawyers to commence legal processes to challenge a Disallowance and Surcharge imposed on me by the Auditor-General following his notice on 24th October 2019.”
Mr. Domelevo had concluded that Kroll was paid for no work done, following what he said was the persistent failure of the Senior Minister to provide proof of actual work done.
He consequently recommended the disallowance of the payment of the US$1million to Kroll and Associates, which the government, through the Ministry of Finance paid.
Mr. Domelevo also surcharged Mr Osafo Maafo and four other officials from the Ministry of Finance.