The Supreme Court has struck out a request to restrain Johnson Akuamoah Asiedu from acting as Auditor General.
This was after the court had granted Deputy Attorney General Godfred Yeboah Dame’s request to have Mr Asiedu and Auditor-General Daniel Domelovo struck out as defendants in the case.
This is the matter filed by CDD fellow in Public Law and Justice, Prof. Stephen Asare.
Auditor General with Deputy Attorney General Godfred Dame
The Office of the President on July 4 extended the leave period of the Auditor-General, Daniel Domelevo from 123 days to 167 effective July 1, 2020.
his came in the wake of concerns raised by Mr. Domelovo over the directive to take his accumulated leave because his work, according to him, is embarrassing the government.
A letter by Mr. Domelevo dated July 3, 2020, outlined a series of reasons why he believes the directive leaves much to be desired including what he described as “bad faith on the part of the Presidency.”
Prof. Asare is one of key legal analysts who called out the move by the Presidency describing it as unconstitutional.
He argues that, the office of the Auditor-General is a very important position that should not be toyed with.
He maintains annual leave is by nature voluntary.
He also explains that, it is a right earned by an employee that should not be available to the appointing authority to be deployed as a sanction to exercise disciplinary control.
Even before the case is determined, Prof. Asare filed for an injunction seeking to restrain Mr. Akuamoah Asiedu from performing the functions of Auditor General.
Documents filed in court indicates that, the Attorney General’s office holds the view that if the the court grants the request, the work of the office will be greatly affected.
The office says the request personalizes the performance of the functions of the office.
The Deputy AG further argues that, this flies in the face of article 297 (h) and (j) of the constitution.