Blow to Executive Power: Supreme Court invalidates President Akufo-Addo’s directive on Auditor General’s leave as unconstitutional
In a landmark ruling, the Supreme Court has declared President Akufo-Addo’s decision to force former Auditor General Daniel Domelovo to go on leave as unconstitutional.
The court’s decision came after a two-year hearing, upholding the plea of the Centre for Democratic Development and eight other Civil Society Organizations, who argued that the action by the President was an affront to the independence of the office.
This ruling marks an important moment in Ghana’s governance and highlights the significance of upholding the separation of powers.
Background
The controversy surrounding Daniel Domelovo’s forced leave dates back to June 2020 when President Akufo-Addo directed the Auditor General to proceed on his accumulated annual leave of 169 working days. The President’s directive, which was justified based on available records, sparked immediate concern from various quarters, particularly the Centre for Democratic Development and other Civil Society Organizations.
The President’s order for Domelovo to take leave came amidst ongoing legal proceedings involving the Senior Minister and other officials from the Ministry of Finance. They had sued Domelovo to clear their names in relation to alleged breaches of the Public Procurement Act (PPA), resulting in the payment of US$1 million to a private UK firm, Kroll and Associates. The Senior Minister, Yaw Osafo Maafo, had asserted that the Auditor General had erred in his audit on payments to Kroll and Associates Limited, leading to the decision to seek legal recourse.
The unfolding legal battle
The controversy surrounding the forced leave took a legal turn when the Centre for Democratic Development and other Civil Society Organizations filed a suit in October 2020, seeking a declaration from the Supreme Court that the President’s action was unconstitutional and null and void. Despite several appeals and calls for the President to rescind the directive, it remained in place, prompting the need for judicial intervention.
Subsequently, the Supreme Court took up the case and embarked on a lengthy and comprehensive two-year hearing. Both sides presented their arguments, with the petitioners emphasizing the importance of the independence of the Auditor General’s office and the need to safeguard it from executive interference. The respondents, on the other hand, argued that the President’s directive was lawful and necessary, considering the ongoing legal proceedings and the need for an impartial investigation.
Supreme Court’s ruling
After careful consideration of the arguments presented, the Supreme Court delivered its long-awaited judgment. In a historic decision, the court sided with the petitioners, declaring the President’s directive as unconstitutional. This ruling highlights the court’s commitment to upholding the principles of separation of powers and the independence of constitutional bodies.
Implications and significance
The Supreme Court’s ruling carries significant implications for Ghana’s governance and the protection of institutional independence. By striking down the President’s directive, the court has affirmed the importance of maintaining a balance of power and preventing undue interference in the functioning of crucial institutions. This decision serves as a reminder that no individual or office should be above the law and that the constitution must be respected in all circumstances.
Furthermore, the ruling emphasizes the critical role played by civil society organizations in safeguarding democratic principles and ensuring accountability. The Centre for Democratic Development and other organizations involved in the case have been instrumental in asserting the rights of citizens and holding the government accountable for its actions. Their persistence in seeking judicial redress has resulted in a landmark judgment that sets a precedent for future cases and reinforces the strength of Ghana’s democratic institutions.
The Supreme Court’s ruling declaring President Akufo-Addo’s directive on former Auditor General Daniel Domelovo’s leave as unconstitutional is a significant milestone in Ghana’s governance. decision reaffirms the importance of upholding the independence of constitutional bodies and protecting the principles of separation of powers. It also highlights the critical role played by civil society organizations in holding the government accountable and ensuring that the rule of law prevails. Moving forward, this ruling will undoubtedly shape the landscape of governance in Ghana and serve as a precedent for similar cases in the future.
