Former Auditor-General, Daniel Domelevo, expressed his satisfaction with the recent Supreme Court ruling that deemed it unconstitutional for the President to compel him to go on leave in 2020 and appoint an acting Auditor-General while he was still in office.
In an interview on Top Story, Domelevo referred to the ruling as an early birthday present and believed it would prevent future breaches of the constitution by sitting presidents.
He stated, “This ruling makes me feel good because, even though the presidency made it clear that I don’t understand the issue because I am not a lawyer, the Supreme Court is upholding my position.” Domelevo emphasized that he had thoroughly examined the constitution and found no provision allowing the President to appoint an acting Auditor-General when dissatisfied with the incumbent. He expressed gratitude for the Supreme Court’s decision, remarking, “It comes as a very big birthday present to me, you know tomorrow [Thursday, June 1st] is my birthday.”
Domelevo, who turns 62 on June 1st, 2023, shared his jubilation following the unanimous ruling of the Supreme Court on Wednesday, May 31st, 2023.
The court declared the directive from the presidency, which compelled Domelevo to proceed on leave, as unconstitutional.
Additionally, the President’s appointment of an acting Auditor-General while a substantive Auditor-General was still in office was also deemed unconstitutional.
The ruling came after nine civil society groups, including the Centre for Democratic Development (CDD-Ghana), Ghana Integrity Initiative (GII), Citizen Movement Ghana, Africa Center for Energy Policy (ACEP), and Parliamentary Network Africa, sued the Attorney General.
They contested the lawfulness of the presidency’s directive, asserting that the President does not possess the authority to exert disciplinary control over independent bodies.
The court upheld the position of the civil society groups, but no further orders were issued, including preventing Domelevo from proceeding on leave since he had already retired.
While some may argue that the ruling was delayed, Domelevo believes it is better late than never.
He highlighted that it sets a clear precedent for future presidents, ensuring that they do not misuse their powers or enforce leave on independent officeholders.
