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Domelevo’s leave case: Any further delay will cause irreparable damage – Prof Asare

by Justice Kofi Bimpeh
2020-08-01
in general news
Prof. Kwaku Asare

Prof. Kwaku Asare

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Professor Stephen Kwaku Asare, a law lecturer and fellow at CDD-Ghana says any further delay by the Supreme Court in providing ruling on Domelevo’s leave case will cause irreparable damage.

Speaking on Joy FM’s NewsFile after the Auditor-General was locked out of his office, Prof Asare said the Apex court needs to address the issue before it festers.

“The AG has already been on involuntary leave for 31 days and any more days will cause irreparable harm when the court described this constructive removal as unconstitutional.”

Citing some other related cases, he believed the Supreme Court in those cases saw the importance of National Interest and acted on it that way, he, therefore, pleaded with the Chief Justice to direct the panel hearing his case to within 10days provide their ruling.

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“..it appears problematic for me for our Supreme Court to shy away from the issue and embark on a two months vacation. As you mention I issued a writ on July 10 claiming the President has violated aRTICLE 187(7) by attempting to direct and control the Auditor-General that the Deputy Auditor-General has violated Article 187(16) by performing the functions of the Auditor-General without first subscribing the oath of the Auditor-General relying on… We are also of the view that the AG should have not even handed over matters relating to his office to the Deputy AG and so the Attorney General has presented its side of the story alleging that the President has powers to do so under Article 297.”

“The Court must decide… deem this important enough and of national interest… this court must do the same thing come out of its vacation address the issue all the arguments have been made. The court cannot when the whole country is talking about this matter… just rest comfortably in a vacation mode and allow this constitutional cancer to fester so I’m humbly using your platform pleading with his Lordship Justice Anim Yeboah to direct the court panel hearing our case to consider the briefs before them and give us a decision within 10 days.”

The Chairman of the Audit Service Board has explained reasons why they decided to change locks at the office of the Auditor-General Daniel Domelovo.

Prof. Edward Dua Agyeman who is the Chairman says this was done due to security reasons.

“The board was informed that he came back collecting letterheads, the acting Auditor General informed us that he wasn’t happy about the security of that office and therefore suggested that we secure the place. The board authorised him to buy new locks and secure the place,” he said.

He further stated that the fact that Mr Domelevo was able to come to the office to pick up some documents leaves the office vulnerable to potential breaches.

“The problem with the locks was that Mr Domelevo came there a day after he has left and collected letterheads and also without telling the acting Auditor General that he was there,” he clarified to JoyNews July 29.

Mr Domelevo had visited his office on July 28, 2020, to pick some documents but realised the locks to the door had been changed.

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He said when he checked with the Board they will not confirm or deny giving such an instruction.

The vociferous Auditor-General was to take an initial 123 days leave to start from July 1, but was later asked to take 167 days to include his 2020 leave days.

Fighting back, Mr Domelevo said he has been instructed to take his annual leave because his work is embarrassing the government.

Tags: Daniel DomelevoGhana newsProfessor Kwaku AsareSupreme Court
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