Law prof sues AG over Akufo-Addo’s ‘proceed on leave’ order to Domelevo

US-based Ghanaian law professor, Kwaku Asare, has sued the Attorney General over the President’s ‘proceed on leave’ directive to Auditor-General Daniel Yaw Domelevo.

Effective 1 July 2020, the President asked Mr Domelevo to take his 167-day accumulated leave.

However, Prof Asare, in a suit, is praying the Supreme Court for “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”.

Read his full prayer to the court below:

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.

 

 

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