Directive for Domelevo to proceed on leave unconstitutional – Supreme Court

The Supreme Court has declared as unconstitutional President Nana Addo Dankwa Akufo-Addo’s directive for the former Auditor–General, Daniel Domelevo, to proceed on leave.

In a unanimous decision today [May 31, 2023], a seven–member panel of the court further held that the President acted unconstitutionally when he appointed an acting Auditor General when Mr Domelevo was still in office.

The court’s decision was however declaratory and did not issue any consequential orders since Mr Domelevo had retired from office.

The full reasons for the decision, the court said, would be filed at the court’s registry.

The seven-member panel was presided over by Justice Nene Amegatcher with Justices Prof Ashie Kotey, Mariama Owusu, Lovelace Johnson, Gertrude Torkornoo, Prof Henrietta Mensah Bonsu and Emmanuel Kulendi.

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The suit culminating in the court’s decision was filed by nine civil society organisations who argued that the President directive for Domelevo to proceed on leave was in contravention of Article 187(7) of the 1992 Constitution.

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

The rest are Penplusbyte, Media Foundation for West Africa, SEND Ghana, and One Ghana Movement.

On July 1, 2020 President Akufo-Addo directed the Auditor-General Mr Domelevo to proceed on his 167 accumulated leave.

Source: Graphic



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