The names of Auditor-General Daniel Yaw Domelevo and acting Auditor-General Johnson Akuamoah Asiedu have been struck out by the Supreme Court as defendants in a case pending before the apex court at the request of Deputy Attorney General Godfred Yeboah Dame.
US-based Ghanaian law professor, Kwaku Asare, cited the Attorney General and the two gentlemen as co-defendants in a suit in which he challenged the President’s forced leave directive to Mr Domelevo.
Per that directive, Mr Domelevo has had to reluctantly go on a 167-day annual accumulated leave.
However, Mr Dame argued in court on Wednesday, 29 July 2020 that the Attorney General is the legal representative of the state in all matters and, thus, saw no need for the names of the two gentlemen to be in the suit as second and third defendants, respectively.
The seven-member Supreme Court panel of justices chaired by Justice Jones agreed with him and struck out the two names leaving the AG as the sole defendant in the case.
Consequently, an application of interlocutory injunction that sought to prevent Mr Akuamoah Asiedu from acting in Mr Domelevo’s stead, was also struck out.
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.