Supreme Court declares Domelevo’s removal as unconstitutional

Supreme Court declares Domelevos removal as unconstitutional

Former Auditor-General Daniel Domelevo was removed from office unlawfully in 2020, according to Ghana’s Supreme Court.

The court ruled on Wednesday, May 31 that President Nana Akufo-Addo violated the constitution when he appointed Johnson Akuamoah Asiedu as Acting Auditor-General while Domelevo was still in office.

Domelevo was asked by the President to go on a 123-day leave in June 2020, citing Sections 20(1) and Labour Act, 2003 (Act 651) as the legal basis.

The President claimed that Domelevo had not taken his annual leave since he was appointed by former President John Mahama in December 2016. He also referred to a similar directive by former President John Atta Mills in 2009 to then Auditor-General Edward Duah Agyeman.

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However, nine Civil Society Organisations (CSOs) challenged the President’s action in court, arguing that it was inconsistent with Article 187(7)(a) of the constitution, which protects the Auditor-General from interference.

The Supreme Court agreed with the CSOs and declared the President’s action as unconstitutional.

The ruling has been welcomed by some legal experts and anti-corruption activists, who see it as a victory for accountability and good governance.

However, others have expressed dissatisfaction with the delay in delivering the judgment, which rendered it ineffective and meaningless.

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Daniel Domelevo is a Ghanaian accountant who currently serves as a Board member of the Global Fund. He won the 2019 Integrity Personality Award at the Ghana Integrity Initiative awards.

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