Private Legal Practitioner, Kwaku Asare believes Auditor-General, Daniel Domelevo will not be allowed back to post after spending his accumulated leave of 167 days.
According to Prof. Asare, who is in court challenging this decision, the directive is a subtle way of sacking the Auditor-General.
He is among other things praying the court to declare as unconstitutional the appointment of Domelevo’s deputy, Johnson Akuamoah Asiedu as acting Auditor-General.
In an interview with Citi News, Prof. Asare urged the Supreme Court to attach urgency to the case as Ghana is without an Auditor-General, technically.
“In my lawsuit, I argued that whenever you ask someone to go home for 167 days, in working days that is about eight or nine months, that is what I call constructive removal. We all know if you ask someone to get off his job for 167 days, you are basically removing the person without using the word, I am removing you.”
“I am not one of those people who think there are plugs to remove him. I actually think he has been removed. I want the court to declare that the President’s directive to the Auditor-General to hand over matters relating to his office to another person violates the Constitution.”
The President directed the Auditor-General, Daniel Yao Domelevo to proceed on his accumulated leave on July 1, 2020.
He asked him to hand over to his deputy who will act while he goes on leave for 167 days.
Below are details of the reliefs he is seeking
Prof Kwaku Asare wants the Supreme Court to declare that except for stated grounds in Article 146 of the 1992 Constitution, the Auditor-General’s tenure cannot be disturbed by Presidential directives, whether couched as accumulated leave, involuntary leave, suspension, interdiction, temporary removal, disciplinary control, or however styled, and he may remain in office until he attains the compulsory retirement age of 60.
He also wants the court to declare that the President’s directive to the Auditor-General to hand over all matters relating to his office to Mr. Johnson Akuamoah Asiedu is inconsistent with or is in contravention with the letter and spirit of Articles 187(1) and 187(7)(a) of the Constitution, 1992.
A declaration that the President’s appointment of Johnson Akuamoah Asiedu to act as the Auditor-General is inconsistent with or is in contravention of the letter and spirit of Articles 187(1), 187(7)(a).
An order directing the President, his agents, assigns, privies, servants and whomsoever of whatever description to cease and desist from issuing directives to the Auditor-General.
An order directing the President, his agents, assigns, privies, servants and whomsoever of whatever description to cease and desist from exercising disciplinary control over the Auditor-General.
An order directing the President, his agents, assigns, privies, servants and whomsoever of whatever description to cease and desist from assessing the work, including the financial administration, of the Auditor-General.
An order directing the Auditor-General to resume performing his constitutional functions.
An order directing Johnson Akuamoah Asiedu to cease and desist from performing the role of an Acting Auditor-General.
An order invalidating any decisions taken by Mr Akuamoah Asiedu subject to ratification by the Auditor-General.
An order of interlocutory injunction to restrain Mr. Johnson Akuamoah Asiedu from performing the functions of Acting Auditor-General, pending the final determination of the substantive suit.
An expedited hearing of the motion for injunction and the substantive cause given the important financial watchdog role played by the Auditor-General and the irreparable harm that any delay will cause to the financial systems and the integrity of the Constitution.
Any other reliefs that this Court deems necessary in the exercise of its legal and equitable powers. Cost for court expenses and legal service fees.