Supreme Court verdict sets the rule clear going forward – Daniel Domelevo

A former Auditor-General, Daniel Domelevo, believes that the Supreme Court’s ruling which declared the presidency’s directive for him to proceed on leave as unconstitutional, will ensure that no president oversteps their boundaries going forward.

Speaking in an interview on Upfront on JoyNews after the ruling, he said it vindicates his earlier position, and will give future Auditor-Generals and other independent officeholders the opportunity to work freely without fear.

Mr Domelevo said,”my biggest satisfaction is the fact that going forward, never again will the sitting President or an incoming president decide to visit such unconstitutional behaviour on any independent office holder or Auditor-General so duly appointed.”

The ruling he said, will “give the Auditor-General the free mind to do his or her work as required by the constitution, without the fear that if his work does not sit well with the presidency or executive, they are going to find a way of pushing him away. That to me is a very good development and I thank God it has come. This ruling is there to guide us all.”

Although many may have argued that the ruling was delayed, he stated that the ruling “is better late than never”, adding that it “sets the rule clear for us going forward.”

Mr Domelovo’s comment comes after the Supreme Court in a unanimous decision declared as unconstitutional the directive from the Presidency that asked him to proceed on leave.

I’m sad presidency is at the forefront of doing unconstitutional things – Domelevo on Supreme Court ruling

The court also declared as unconstitutional the President’s appointment of an Acting Auditor General while there was a substantive Auditor-General as equally unconstitutional.

Asking Domelevo to proceed on leave unconstitutional – Supreme Court

In July 2020, the presidency asked the then Auditor-General, Mr Domelevo to proceed on leave.

In a letter signed by Nana Asante Bediatuo, the Secretary to the President said “The attention of the President of the Republic has been drawn to records and documents made available to this Office by the Audit Service, that indicate that your date of birth is June 1, 1960 and that in accordance with article 199 (1) of the Constitution, your date of retirement as Auditor-General was June 1, 2020,” the letter said.

Akufo-Addo retires Domelevo

By extension, therefore, “the President is of the view that you have formally left office.”

It added that Johnson Akuamoa-Asiedu will continue to act as Auditor-General until the President appoints a substantive head.

When Mr Domelevo pointed this out as unlawful, his leave was further extended from 123 days to 167 effective July 1, 2020.

Domelevo wasn’t forced out of office – Akufo-Addo

Consequently, President Akufo-Addo later explained that the former Mr Domelevo was not hounded out of office.

According to him, Mr Domelevo’s removal was due to his attainment of the national retirement age of 60.

“There’s a time for retiring which is prescribed by statute, not my making. If you are 60 years old you’re supposed no longer to be able to work in the public service,” he said.

It was in this regard that nine civil society groups sued the Attorney General over these directives.

They included the Centre for Democratic Development (CDD-Ghana), Ghana Integrity Initiative, (GII), Citizen Movement Ghana, Africa Center for Energy Policy (ACEP), and Parliamentary Network Africa.

They contended that the directives were unlawful since the President does not have the power to exercise such disciplinary control over independent bodies.

On Wednesday, May 31, 2023, the Supreme Court in a unanimous decision declared as unconstitutional the directive from the presidency. The Court, however, opted not to issue any other orders including stopping Mr Domelevo from proceeding on leave since he has retired.

The former Auditor-General has welcomed the ruling.

According to him, he is “happy” that ruling confirms his stance that the office of the president was on the wrong path with his forced leave.

“..I am very happy that the highest law enforcement body – the Supreme Court of the State has taken the same position as the view that I held. I am happy with that,” he said.