Mr Domelevo did not spare the legal fraternity, claiming that highly resourceful corruption suspects are employing powerful lawyers and ‘procuring’ judges to ensure indefinite delays until a favourable change of government facilitates the collapse of their cases.

Speaking on TV3 on October 25, the respected anti-corruption crusader insisted that unless the judicial system undergoes radical and urgent reform, the retrieval of stolen state funds will remain impossible.

Mr Domelevo laid bare the alleged strategy used by politically connected individuals accused of high-level corruption.

The goal, he contends, is not to win the case on merit but to stretch the proceedings across electoral cycles, exploiting Ghana’s partisan political system.

“They can even procure judges. A judge may say, ‘What I can do is to keep adjourning until your party comes to power; then the case will be thrown out,’” he alleged.

He argued that these deliberate, drawn-out judicial delays serve as a protective shield for the accused, effectively denying justice and preventing the state from recovering vital public funds.

“The money is still in someone’s pocket and not in use. Justice delayed is justice denied,” he said, urging Parliament to treat the necessary judicial reforms as a certificate-of-urgency matter.

To combat the deliberate dragging of feet in court proceedings, the former Auditor-General proposed radical reforms to expedite the prosecution of corruption cases.

1. Time Limit and Penalties: Domelevo proposed a strict time frame for the completion of corruption cases, regardless of their complexity, arguing that judges who fail to meet this standard should face severe sanctions.

He proposed a maximum of 9 to 12 months for corruption cases, with penalties for judges who exceed that period without justifiable reason.

He believes judges who stretch cases beyond a year should face misconduct proceedings, holding them personally accountable for procedural delays.

2. A 24-Hour Justice System: To handle the increased workload and clear the corruption case backlog efficiently, Domelevo called for the immediate operationalization of a 24-hour justice system.

“We all don’t have to go to court at 9 a.m. and close by 3 p.m. A 24-hour economy should start in the Judiciary too,” he said.

He noted the recent influx of new lawyers—over 800 were recently called to the Bar—suggesting that they could be recruited as part-time judges to hear cases in the evenings, ensuring continuous judicial activity and eliminating bottlenecks.

His core argument remains that Ghana will not defeat corruption until the justice system itself is fundamentally reformed and made impermeable to influence.

His comments came after President John Mahama swore in the first batch of state ministers and urged them to prioritize asset declaration.

“I propose that the Chief of Staff announce that, a week after your swearing-in, you must declare your assets and liabilities. You should be able to find two or three hours to do this. I wish the Chief of Staff would set a deadline, not in terms of a specific day, but a period, saying that you have one week from the day you are sworn in to declare your assets,” said Mr. Domelevo.

He explained that setting a deadline is crucial, as officeholders will be busy after taking office and may not have enough time to declare their assets.

“After one week, by the second week, they become seriously busy,” he said on Joy FM’s Super Morning Show on Thursday, January 23.

Mr. Domelevo also stressed the importance of publishing the declarations to allow the public to see what public officials own before assuming their responsibilities.

The anti-corruption advocate commended the President for urging his appointees to declare their assets and emphasized that failure to comply with the law on asset declaration should not be tolerated but penalized.

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Godwin Edudzi Tamakloe stated that the President’s determination to constitute the leanest government under the Fourth Republic remains unchanged.

In an interview in Kumasi, Mr Tamakloe explained that cutting down government expenditures was a key strategy the President sought to adopt for efficient resource management.

He assured Ghanaians that the overwhelming mandate given to the President and the NDC would be used judiciously to build a strong and resilient nation for the benefit of all citizens.

Mr Tamakloe emphasized that reducing waste in public expenditures would be one of the cardinal principles of the Mahama administration.

Responding to the new government’s reduction of ministries from 30 to 23, Mr Tamakloe maintained that the party would not renege on promises made in its 2024 manifesto, describing it as a social contract between the NDC and Ghanaians.

He further assured the people of Ghana that President Mahama and the NDC would not take the confidence reposed in them for granted, stressing their commitment to working in the best interest of the citizens who brought them to power.

The President has so far nominated three individuals who have already been vetted by Parliament:

• Dr Cassiel Ato Baah Forson, Minister of Finance
• John Abu Jinapor, Minister of Energy
• Dr Dominic Ayine, Attorney General and Minister of Justice

President Mahama had pledged to put together his cabinet within 14 days of being sworn in and is expected to release nominees for the remaining ministries in the coming days.

Mr Tamakloe reiterated that the President would announce the remaining nominees within the stipulated period as promised.

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Speaking on Joy News’ PM Express with Evans Mensah on Wednesday, Domelevo stated that the fight against corruption requires a multi-institutional approach, with no single body having a monopoly over the process.

Mr Domelevo revealed his decision to join the ORAL Team stemmed from his longstanding commitment to fighting corruption and ensuring accountability.

“All these years, I have been at the forefront of the fight against corruption, crusading for looted monies to be returned and for people to be held accountable.

“So if the opportunity comes to do some preparatory work and I am invited, I don’t see why I should not be involved,” he said.

He expressed his confidence in the ORAL Team’s mission to recover misappropriated public funds and investigate corruption reports submitted by the public.

“As the Chairperson, Samuel Okudzeto Ablakwa, put it, we are talking about the bleeding of the public purse, and we may have to take action quickly,” he stated.

Mr Domelevo addressed a common misconception that all corruption-related cases fall exclusively under the Office of the Special Prosecutor (OSP).

“It is not true that all corruption or abuses of public funds reside with the Special Prosecutor,” he asserted.

“Some issues may be within the domain of the Auditor-General, others might belong to EOCO, CHRAJ, or even other agencies.”

He stressed the importance of classifying cases to ensure effective investigation and resolution.

“It is necessary that we gather this information and break it into pieces. We need to say, ‘Look, these cases are good for the Special Prosecutor, these for the Auditor-General, and these for CHRAJ or EOCO.’”

Mr Domelevo highlighted the significance of data collection and analysis in the anti-corruption crusade, noting the challenges that come with it.

“Gathering data and making sense of it is not an easy job—it’s time-consuming,” he noted.

“This period, before the President-elect takes office, is crucial.

“He cannot direct investigations or prosecutions yet, but he can collect data to be ready when the time comes.”

Mr Domelevo added that the ORAL Team’s work would streamline the transition into actionable investigations once the incoming administration is in office.

The former Auditor-General stressed the importance of inter-agency collaboration, emphasizing that some cases would require forensic auditing rather than criminal prosecution.

“Some allegations may not need to go to the Special Prosecutor but require auditing. That’s why having different agencies, each with its mandate, is critical in addressing corruption comprehensively,” he explained.

Mr Domelevo expressed optimism about the ORAL Team’s ability to recover stolen funds and restore public confidence in governance.

“This is not just about uncovering corruption; it’s about ensuring accountability and sending a clear message that the era of impunity is over,” he said.

A press statement issued on Wednesday, December 18, and signed by the spokesperson of the Mahama Transition Team, announced the establishment of this initiative.

The team is intended to serve as a platform for citizens to report corruption-related concerns directly.

The statement reaffirmed President-elect Mahama’s commitment to tackling corruption comprehensively and ensuring the responsible management of public resources.

The team will be chaired by Samuel Okudzeto Ablakwa, Member of Parliament for North Tongu.

Other members include former Auditor-General Daniel Domelevo, retired Commissioner of Police Nathaniel Kofi Boakye, private legal practitioner Martin Kpebu, and investigative journalist Raymond Archer. Their diverse expertise is expected to enhance the initiative’s effectiveness.

According to the statement, this move forms part of a broader effort by the incoming Mahama administration to rebuild public trust and strengthen the institutions responsible for combating corruption.

The team’s work will complement existing anti-corruption frameworks while actively encouraging citizen participation in the fight against corruption.

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Speaking on the National Cathedral controversy, which involves the board of trustees of the project, all of whom are members of the clergy, Mr. Domelevo opined that public revenues should not be entrusted to the protection of theology.

Last month, the Commission on Human Rights and Administrative Justice (CHRAJ) recommended a forensic audit and potential prosecution of the trustees of the National Cathedral project. This came after an investigation into allegations of corruption and abuse of power regarding the controversial project.

Speaking at an event on curbing illicit financial flows in Ghana, Mr. Domelevo said, “Unfortunately, the trustees are all men of God, but let me say we don’t manage public funds with the Bible or theology; we manage public funds with the constitution.”

He added that other laws of the country, including the Public Procurement Act and the Internal Audit Act, can be used to manage revenues and “not the Bible.”

mR. Domelevo stressed that the board members should have obeyed the laws and not the Bible, arguing that the Bible “cannot save you this time.”

He was speaking during the forum organized by the Media Foundation for West Africa (MFWA) in Accra on Tuesday, December 3.

A report issued by the Commission on Human Rights and Administrative Justice (CHRAJ) on the National Cathedral project revealed that the board of trustees mismanaged a sum of GHC2.6 million, which they could not account for.

The report recommended that the Auditor General conduct a forensic investigation into the scandal and consider possible prosecution of the board members involved. CHRAJ investigated the scandal after the Member of Parliament for North Tongu, Samuel Okudzeto Ablakwa, petitioned them.

Despite the cathedral being at its foundation level, over GHC50 million has been spent on the project, resulting in a significant loss to the state.

The National Cathedral is a promise made by the president, Nana Akufo-Addo, to construct the facility to honor God.

“A corrupt person will not fight himself or correct himself,” he said. “We cannot leave the fight against corruption in the hands of the leaders who are already corrupt”.

As the guest speaker of a regional conference organized by the Crusaders Against Corruption in Kumasi, Mr. Domelevo cited the example of Ghanaians rising against the building of a new Parliament House, which led to the decision being abolished. He encouraged citizens to take similar action against corruption.

Mr. Domelevo also urged citizens to expose wrongdoing, citing Kenya as an example, where citizens rose against certain decisions made by the Kenyan President.

He prayed that “we Ghanaians can pour out on the streets to act against a governmental decision they feel could breed corruption without destroying anything.”

The former Auditor-General emphasized that Ghana needs leaders who will ensure a fair sharing of the national cake, rather than those who develop one part of the country at the expense of others or misappropriate funds allocated for important projects.

“We need leaders who are fair and just, who ensure equal access to resources and opportunities for all citizens,” he said.

Mr. Domelevo lamented the harm corruption has caused the country and the need for change. He encouraged the youth to take a new path to build the nation and emphasized that leaders who boast of past achievements should be ashamed of not being able to preserve the good things for today’s youth.

The Chief Crusader of the Crusaders Against Corruption, Emmanuel Wilson, said the conference has “the aim of having a mass movement of conscientized citizens who have the urge to fight corruption.”

Similar events have been held in the Greater Accra and Eastern Regions, with plans to hold others in the Northern parts of the country.

Speaking at the launch of the 2024 Fiscal Recklessness Index report by IMANI Africa and Oxfam Ghana, Domelevo argued that creating an Independent Fiscal Council without first strengthening the current institutions would only increase the financial strain on the state.

The report identified the Ministry of Finance as the most fiscally reckless institution.

Domelevo took the opportunity to stress the importance of enhancing the capacity of oversight bodies such as the Public Accounts Committee and the Internal Audit Agency, in order to promote stronger financial accountability and governance within public institutions.

“The tendency in Ghana is to establish new state institutions that ultimately become a burden on public funds. When they fail to perform, we create yet another one.

“In my view, we should strengthen the Attorney General, the Auditor General, the Director-General of the Internal Audit Agency, and the Public Accounts Committee,” Mr. Domelevo stated.

His remarks follow the Airbus scandal, where Special Prosecutor Kissi Agyebeng identified former President John Dramani Mahama as “Government Official 1,” but found no evidence of corruption against him in a deal facilitated by his brother, Foster Adams Mahama.

In an interview on Accra-based Citi News, Mr Domelevo attributed the frequent conflicts of interest in Ghana to the delayed passage of the Conduct of Public Office Holders Bill.

He singled out politicians as the primary culprits and suggested that their reluctance to pass the bill stems from their own involvement in such conflicts.

“I believe the bill is stalled because those responsible for facilitating its passage know they are the biggest offenders. They’ve been entangled in conflicts of interest involving family, friends, and business dealings, precisely the issues this bill aims to address. If we’re serious about ensuring public officials act ethically, the Conduct of Public Office Holders Bill must be passed,” Mr Domelevo stated.

Source: Adomonline

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In an interview with Channel One TV on Saturday, August 10, Mr. Domelevo praised the OSP for its dedication to maintaining independence in its investigations.

Domelevo highlighted the tendency of some officials to act in ways that might please the sitting president when a case is referred to them and commended the OSP for resisting this pressure and focusing solely on the evidence, ensuring that the investigation was conducted without bias.

He emphasised the importance of the OSP’s approach, noting that it sets a strong example of how public offices should operate, free from external influence.

The OSP’s decision to present its findings without fear or favour was, according to Mr Domelevo, a testament to the office’s commitment to upholding the rule of law.

Mr Domelevo further urged Ghanaians to recognise and appreciate the Special Prosecutor’s efforts in remaining independent, rather than succumbing to political pressures.

He stressed that such independence is crucial for the integrity of the country’s legal and justice systems.

Mr. Domelevo called on the public to support and commend the Special Prosecutor for prioritising impartiality and transparency in its work, reinforcing the importance of independent institutions in the fight against corruption.

“I was full of commendations for him (special prosecutor) because especially when a request comes from the Office of the President, public servants are likely to read between the lines in order to tow the line of the president or what they think the president wants or wanted but I think he independently did his assessments or his investigations and came out with his report.”

“Some aspects of the report I think did not sit well with Ghanaians, some Ghanaians are very happy about the report but be it as it may, my happiness is that he has done his work independently and boldly came out with his findings…I think the OSP has done a good job,” Domelevo insisted.

Background

On January 31, 2020, Ghana was named as one of five countries where Airbus SE, a global aerospace corporation, allegedly engaged in bribery or offered payments to high-ranking officials in exchange for business favours between 2009 and 2015.

This was revealed by the UK’s Serious Fraud Office (SFO) and led to Airbus agreeing to a record £3 billion settlement with France, the United Kingdom, and the United States to avoid corporate criminal charges.

In response to the scandal, President Akufo-Addo referred the matter to the Office of the Special Prosecutor (OSP) for investigation.

Martin Amidu, the former Special Prosecutor, identified former President John Dramani Mahama as the official referred to as ‘Government Official 1’ in the UK SFO’s report.

This claim was echoed by the New Patriotic Party (NPP), but Mr. Mahama denied the allegations, and no conclusive evidence was found to implicate him.

Recently, however, the OSP has confirmed that former President Mahama is indeed the individual designated as Government Official 1 (GO1) in the Airbus scandal.

Speaking at a press conference in Accra on Thursday, August 8, the current Special Prosecutor, Kissi Agyebeng, also identified Samuel Mahama, the former president’s brother, as Intermediary 5 in the scandal.

During the briefing, the OSP provided a summary of its investigations, confirming that while Mr. Mahama was identified as GO1 in the UK court documents and as Individual 1 in the US, there was no evidence that he played any role in the corruption scandal that trailed the acquisition.

Instead, Mr. Domelevo urged President Akufo-Addo to support the OSP and ensure it fulfills its mandate.

Recently, the Special Prosecutor survived a petition for his removal from office.

During the 2024 edition of the Domelevo Accountability Lectures, the former Auditor General said despite his initial disapproval of the OSP, it is essential to support the office in its fight against corruption.

He acknowledged working closely with the first Special Prosecutor, Martin Amidu, to help establish the OSP’s success.

Mr. Domelevo stressed the importance of providing the necessary support to the institution to effectively combat corruption.

However, he expressed concern about how the current Special Prosecutor, Kissi Agyebeng, is facing significant challenges which is hindering his work.

He called on government officials to protect Agyebeng and allow him to perform his duties, noting that he seems to be the only person genuinely committed to fighting corruption.

“Institutional and legal frameworks are not enough to effectively combat corruption, and that is the state in which we have found ourselves here in Ghana. After establishing the institutions, we must give them the oxygen to breathe.”

“Let me be very honest with you. I was in office as Auditor General when the Office of the Special Prosecutor Bill was put together, and I was not enthused at all about it, but the bill was passed, and I said to myself, well, even though in principle I don’t support it, if this is what it would take for us to win the war against corruption, why not? So those of you who followed events, I was working closely with Honorable Martin Amidu. Unfortunately, he was barred out of office, out of pressure, and we are all aware of what happened.”

“Then comes the young man, Kissi Agyebeng, and the young man is facing troubles and challenges like nobody’s business. So I said, the one who put him there, don’t you know that you have to protect this guy? You should be calling people and saying, shut up, back off, let him do his work.

“So please, government officials and people in government, leave the special prosecutor alone. He seems to be the only person serious about corruption today, from my point of view. So let’s give him the oxygen for him to be able to do his work.”

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In an interview on Channel One TV, Domelevo praised Organised Labour’s unwavering commitment to preventing the sale of the hotels.

“I follow all those developments with keen interest, and I must say kudos to Organised Labour for standing their ground against what I think is not right. If you’re doing something on my behalf which is right, I think it’s proper to consult me, such that I know that you’re securing my interest”he stated.

Mr. Domelevo also highlighted that members of Organised Labour would have been shortchanged if North Tongu Member of Parliament Samuel Okudzeto Ablakwa had not exposed the government’s decision.

He described the government’s decision to sell its assets to a Cabinet Minister, as “strange.”

The former Auditor-General further urged institutions like Organised Labour to remain resolute in holding public officials accountable for their actions.

“So, if these things were not revealed by Ablakwa, otherwise, before you realised, it has been sold. And I find it very strange that a government will sell government property to a member of the government.

“I don’t know where we’re on conflict of interest and how we’re respecting the provision under Article 284, which says a public officer should not put himself or herself into a position whereby his personal interests would conflict with the work that he/she does. I find it a bit strange and kudos to Organised Labour, I think we need a bit more of that to hold people accountable,” he said.

Commenting on the delay by the Commission on Human Rights and Administrative Justice (CHRAJ) in releasing its investigation report on the petition filed by Ablakwa, Domelevo criticized enforcement agencies for their insensitivity to public concerns.

“I don’t think it is impatient of the general public, I think the enforcement agencies are really insensitive to the public. I believe everybody has heard of this saying that justice delayed is justice denied. But even in the court of law, just as CHRAJ is also doing, it is the same thing. Issues of national interest go to court, CHRAJ or enforcement agencies and it takes us forever,” he said.

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The anti-corruption campaigner is of the view that all the anti-graft agencies must be merged to get the best results from them.

According to him, the establishment of new anti-corruption institutions does not help in the fight against corruption and other related offences.

Speaking on JoyFM’s Super Morning Show on May 8, he urged authorities to prioritise the prevention of fruitless and wasteful spending.

“Fruitless and wasteful expenditure denies the citizens the benefit of public funds, just as corruption. So we must be reminded about that.”

His comment was in response to the seeming turf war between the Economic and Organised Crimes Office and the Office of the Special Prosecutor (OSP) over the state of the investigations.
The Attorney-General and Minister of Justice in a recent advice to EOCO suggested that pursuing money laundering allegations against Madam Dapaah would be baseless.

The Ministry gave the impression that the OSP had not done a good job and that it was going to be difficult if not impossible for the EOCO to pursue any money laundering allegations.

The OSP has since fought back, refuting the claims made by the Attorney-General and EOCO. The two anti-graft agencies have since engaged in what looks like a blame game.

The former Auditor-General noted that the resources used by the Office of the Special Prosecutor (OSP) to conduct investigations were not individual funds, but rather from public funds, and that the investigation is in the public’s interest.

According to him, any information collected by the Office of the Special Prosecutor (OSP) should be made available to other anti-corruption institutions, such as the Economic and Organized Crime Office (EOCO), to assist them in their work.

“So to keep it away from EOCO, I think that was not right. In fact, when I was in office as the Auditor General, there was a lot of collaboration between the OSP and my office as the office of the Auditor General and we shared a lot of information.”

“In fact, to the extent that in some cases, honourable Martin Amidu came to my office directly with the information and I also on several occasions went to him directly because we said this is so sensitive that we don’t want to pass it through our deputies or staff.”

Mr Domelevo stated that the practice of withholding information gathered by public institutions at the expense of taxpayer funds and initiating new investigations is not only wasteful but also ineffective in the fight against corruption.

But he also revealed that at one point he threatened to sue EOCO for withholding information before the said information was made available to his office.

He stated, that the fact that information was withheld from the Economic and Organized Crime Office (EOCO) should be grounds to discontinue the case against Cecilia Dapaah.

“Because if I had gone to EOCO and said I suspect Madam Cecilia Dapaah of money laundering, they would have done their investigations. Is that not it? So I think they should have still gone ahead and done their investigations.”

Mr Domelevo also expressed disappointment in the Attorney General. He stated that according to Ghana’s Constitution, Article 88 establishes that the Attorney General has the authority to determine which cases are prosecuted and how they are handled.

“So by virtue of the constitutional mandate he has, more or less, all these institutions fall under him. Instead of him writing a letter to say, look, you didn’t get information from this person so discontinue, I thought he should have called OSP and called Madam Tiwaa and said look, we are working in the public interest.”

“What information do you need from the OSP? OSP what stops you from providing this information? Please go ahead. He should have mediated and ensured that we brought the information to EOCO and the investigation went ahead.

The truth of the matter is that the lack of collaboration between the anti-corruption agencies is not serving the national interest at all.”

“So it’s time, from my point of view, to review these laws and merge these institutions. Merging them will save us a lot of money,” he said.

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Mr Domelevo labelled some of the minister’s recent comments as troubling and disrespectful, particularly considering his position.

Dr. Opoku Prempeh recently stirred controversy by challenging those advocating for a load-shedding timetable from the Electricity Company of Ghana (ECG) to formulate their schedules.

This statement comes amid ongoing power challenges, notably in the Greater Accra Region, affecting both individuals and businesses.

Despite increasing calls for a structured load-shedding timetable, ECG has maintained its position against implementing one, citing the absence of an official “dumsor” situation and rampant, erratic demands to shed load, by the Ghana Grid Company (GRIDCo).

During the inauguration of the NPP campaign team in the Ashanti Region on Sunday, March 24, Dr. Opoku Prempeh asked his critics to create their timetable if they believed it was necessary.

Dr. Opoku Prempeh’s comments sparked criticism, prompting Mr. Domelevo to call for a display of respect towards Ghanaians.

In a JoyNews interview on Monday, April 8, Mr. Domelevo emphasised that Ghanaians are the minister’s employers, underscoring the need for a sense of duty and respect towards them.

He emphasised the importance of the Minister showing a duty of care and respect to the Ghanaian people.

“I would advise him to be mindful of some of his utterances. I found it a bit disturbing when he told people that they should bring their own load-shedding timetable. I said. No. He should be joking because that is not acceptable.”

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He highlighted the troubling trend of financially well-off individuals being classified as needy and benefiting from scholarships intended for economically disadvantaged students.

Speaking on JoyNews’ Newsfile, Mr Domelevo expressed bewilderment at the Scholarship Secretariat’s failure to address ongoing abuses within the system, despite these issues being brought to light through audits.

“If we have a society in which the highest-paid class can classify themselves as needy, then we are in trouble,” Domelevo remarked, citing examples of individuals earning substantial monthly incomes being considered eligible for scholarships.

Nonetheless, Mr Domelevo highlighted a disturbing scenario where a minister earning around GH₵25,000 per month was argued to be needy and deserving of a scholarship, despite some teachers and public servants earning significantly less.

His remarks come in the wake of the Fourth Estate’s publication, titled ‘Scholarship Bonanza,’ which revealed instances of individuals close to key government officials benefiting from scholarships deemed inappropriate.

Among the beneficiaries listed were children of the National Chairman of the New Patriotic Party (NPP) and a former Inspector General of Police. The revelations have sparked public outcry, with calls for transparency from the Scholarship Secretariat.

Despite the controversy, the Registrar of the Scholarship Secretariat maintains that the institution has done nothing wrong, prompting further scrutiny and demands for accountability.

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The former Auditor-General, Daniel Yao Domelevo, has revealed President Nana Akufo-Addo encouraged him to accept John Mahama’s appointment in 2016.

According to him, though he had won the 2016 elections, then president-elect, Akufo-Addo did not see his appointment as a threat.

Mr Domelevo made the comment in an interview with Joy News at his thanksgiving service after his retirement held in Accra Wednesday.

The former Auditor-General said his confidence was boosted by the encouraging words of President Akufo-Addo in 2016.

“In 2016 when I was appointed and was confused as to whether to accept or reject, a call came through from Dr Mathew Opoku-Prempeh. After greeting me, he said hold on for the president-elect. So Nana Addo Dankwa Akufo-Addo encouraged me and said go and take the job. That is why I am very grateful to him,” he recounted.

Mr Domelevo maintained that, his relationship with President Akufo-Addo in spite of recent development has been very cordial.

“Our relationship has been cordial since then and I am grateful to him for his support,” he added.

The former Auditor-General also expressed profound gratitude to anti-corruption Civil Society Organisations and the press who helped him executive his mandate.

“If you fight corruption alone, it will not last. Corruption is one dangerous enemy you can’t fight alone. You fight corruption quietly, you will be finished in a minute so they have been with me together with the press and I’m very grateful to you,” Mr Domelevo said.

The Group’s concern comes after a three-page letter addressed to Mr Domelevo by the Board of Audit Service indicating that the Auditor General has reached his retirement age per the standings of Ghana’s laws.

According to the Board, Mr Domelevo is deemed to have retired in June 2020 and a letter will be copied to the President for the necessary actions to be taken.

The One Ghana Movement, in a press release dated March 3, said: “The latest twist to the hunt is as ridiculous as it is a most shameless act against the Auditor-General, Daniel Yaw Domelevo who was extra-judicially forced to take 167 days leave from work, at a critical point in time in the case against then Senior Minister Yaw Osafo-Maafo over the Kroll scandal.”

This “shameless act” by the Audit Service Board, according to the Group, cannot be elevated to any judicial orders, hence cannot prevent Mr Domelevo from fully exercising his constitutional mandate “even if for only the next three months.”

Below is the full statement:

A lot has happened since he was controversially ordered to go on leave, an action with which we vehemently disagreed, as expressed in our Press Statement dated 9th July 2020.

The purpose of this release is to set out some of these developments that have happened in his absence, and to show how much work is cut out for him, for the remainder of his term of office.

First, we note with much concern, that the exercise of the Auditor-General’s power to disallow and surcharge appears to have gone on leave with Mr Domelevo.

The most recent Report of the Auditor-General on MDAs for 2019, which was published in his absence, barely mentioned disallowances and surcharges.

Yet it contained the usual retinue of infractions that should have attracted disallowances and surcharges in accordance with article 187(7) of the Constitution and in compliance with the 2017 Supreme Court decision in OCCUPYGHANA V ATTORNEY-GENERAL.

There appeared to be a clear nosedive or volte face, an attempt to return to the dark days before the Supreme Court decision when Auditor-General Reports were an exercise of empowered impotence, and successive Auditors-General had meekly abandoned their disallowance and surcharge powers by merely making recommendations in the face of blatant thievery, and to which recommendations were paid slight attention and scant regard.

Second, we note that in the Auditor-General’s absence, there have been at least 2 cases filed and pending at the Supreme Court, challenging the power of the President to direct an Auditor-General to go on leave. We await the decisions.

Third, and on our part, we were granted leave by the Supreme Court to file an Amicus Brief in another pending action that seeks the Supreme Court’s interpretation of the constitutional delineation of the functions and powers between the Auditor-General and the Audit Service Board. We await that decision too.

Fourth, we note that some appeals against disallowances and surcharges, filed under the provisions of CI 102 (the enactment of which we prompted by writing, and then submitting an first draft, to the Rules of Court Committee) have advanced to the Supreme Court.

In one such case, the apex court has clarified and distilled further, the circumstances under which the disallowance and surcharge powers may be exercised. We welcome that decision.

Fifth, there were comments by the minister-designate for National Security, Mr Albert Kan Dapaah on the exercise of these powers, claiming that they were subject to Parliamentary control. In our press release dated 16th February 2021, we strongly disagreed with him, pointing out how his position runs counter to the Constitution.

We have since had a direct and very constructive engagement with him and we are probably convinced that he may no longer hold that view.

Sixth, we have also noted that the simmering friction with the Audit Service Board has reared its head even before Mr Domelevo re-enters his office. We do not shy away from constitutional friction, because that is how the law gets developed.

That is why we hope that, first, the members of Board appointed by the President, including the Board Chair, have ascertained that their continued stay in office after 6 January 2021 complies with the 2012 Presidential (Transition) Act as clarified by the 2019 Supreme Court in DONKOR V ATTORNEY-GENERAL.

We hope that they have also ascertained that notwithstanding any alleged or purported extension of their respective terms of office in the latter part of 2020, they have not been subsequently and effectively removed from office by the Chief of Staff’s letter on the matter, dated 12 January 2021, ref: SCR/DAB9/314/01.

We hope the affected Board members have advised themselves that although the Board is established by the Constitution, their tenure was set down by statute (the Audit Service Act), and that that tenure was then effectively amended by Presidential (Transition) Act. And, the Chief of Staff’s letter under reference does not contain any exceptions with respect to the Board.

We further hope that the Audit Service Board, to the extent that it has capacity to still act, if it has any valid grounds for challenging Mr Domelevo being in office, will comply with the constitutional procedure for such challenges, and not seek to take the law into its own hands.

It is against this background that we welcome Mr Domelevo back. He has just a few months to retire and we are confident that he will discharge his functions and exercise his powers over this period in a way that will reinforce the magnitude and critical relevance of that office.

Under our constitutional dispensation, the Office of the Auditor-General is a key independent office that the Constitution has created (along with others such as the Electoral Commission) to essentially provide checks and balances to the otherwise awesome power of the executive under the same Constitution. Long may it remain so.

Yours in the service of God and Country

OccupyGhana®️

The Audit Service Board has since sparked controversy about his age and nationality on social media.

The board indicated Mr Domelevo was due for retirement in June 2020 and is a Togolese per record available to them.

Meanwhile, musician A Plus, who champions a political project dubbed ‘The Peoples’ Project’, used the lyrics of reggae legend Bob Marley’s Small Axe song to express his thought on the matter.

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He posted:

This comes after the Board appointed a private firm known as K&A Accounting Services to audit the foreign travels of the Auditor-General, as well as that of other top management staff of his office.

Mr Domelevo has kicked against the move, insisting that, it is a breach of the Constitution.

In a letter written to management of the Board and copied to Parliament as well as the Secretary to the President, he said the Constitution makes provision for only Parliament to conduct audits into the accounts of the Audit Service.

“Consequently, the accounting firm so appointed lacks the mandate to audit, review or examine documents and or records relating to the accounts of the Office of the Auditor-General,” he said.

He, therefore, wants the Board to withdraw this decision.

“I have no difficulty if auditors are appointed (at any time) in accordance with the Constitution to audit the accounts of the Office of the Auditor-General. It is of utmost importance that we obey the laws of this country and I will ensure compliance at all times,” he said.

K&A Accounting Services is expected to audit GH¢2.1 million and $199,000 spent on foreign travels by the Auditor-General and other top management staff.

The said amount covers the cost of travels from 2017 to 2020.

Subsequently, the Audit Service Board has also written to Mr Domelevo, defending their decision.

According to the Board, it is strange that an Auditor-General who has been preaching accountability, is now unwilling to subject himself and his office to audit scrutiny.

Chairman of the Board Prof. Dua Agyeman argues that Article 189 (3) (b) of the 1992 Constitution gives power to the board to make regulations through a constitutional instrument “for the effective and efficient administration of the Audit Service”.

In view of this Article, he said, the board introduced the Audit Service Regulations, 2011 (C.I.70), which states that it (board) shall be “ultimately accountable and responsible for the overall performance of the Audit Service and also secure its public sector financial management and accountability process of the country”.

“‘In that instance, the board observes that the Auditor-General and the top management staff of the service had made many official travels out of the country, without producing any reports to the board or with nothing to show for such travels,” he said.

He added that, the board engaged the consultants based on Section 8 of Act 584 which allows them to engage the services of experts [if the need be], in order to ensure the efficient discharge of their duties.

Domelevo’s Accumulated leave

Meanwhile, Mr Domelevo is still serving his accumulated leave.

President Akufo-Addo in June asked him to take an accumulated leave of 123 days which was later extended to 167 days, effective July 1.

The move was highly criticised by Civil Society Organisations who further called for the reinstatement of Mr. Domelevo.

According to the CSOs President Akufo-Addo cannot ask the Auditor-General to proceed on leave when he had been assigned a special duty to investigate the payment of $1million to Kroll and Associates Limited by Senior Minister Yaw Osafo for some consultancy services.

The move was also been criticised by some members of the NDC who say this is a strategy employed by government to shield the Senior Minster from being investigated on the matter.

Despite these accusations, President Akufo-Addo refused to heed to the calls of these groups on the basis that, the Constitution makes provision for any public office holder to take leave.

Locks to the Office of the Auditor-General, Daniel Yao Domelevo has been changed while he is on leave.

The Auditor-General was surprised when he passed by the office to pick some documents only to realise that the locks to his office have been changed.

Mr. Domelevo said after he noticed that he couldn’t enter his office on Tuesday afternoon because locks have been changed by the acting on the instructions from the Board.

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

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On June 29, President Akufo-Addo ordered Mr Domelevo to take his accumulated leave.

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

According to a statement signed by the Secretary to the President, Nana Bediatuo Asante, the President is constitutionally mandated to ensure compliance in a manner that does not affect the independence of his [Auditor-General’s] office.

This follows Daniel Domelevo’s position against the directive to hand over to his deputy citing serious implications for its constitutional independence.

In an earlier letter responding to the foremost directive, the A-G explained that “(i) Previous correspondence from the Chairman of the Audit Service Board (who works at the Office of the Senior Minister) together with the public pronouncement by Minister makes it clear that the Auditor-General’s work is embarrassing the government.”

He also posited that the call for him to embark on the said action is an indication of bad faith on the part of the Presidency.

“(ii) The office must have been aware also that several appointees of the president, have not, since 2017 taken their annual leave to date. The direction, therefore, that I proceed on leave, oblivious of the other workers similarly circumstanced, gives the impression that the decision is not taken good faith.”

But the Presidency strongly disagrees.

A July 3 letter, articulating some clarity from the Office of the President, said the A-G’s letter “created a wrong impression” in the “public domain regarding the president’s directive” adding that the move by the President was backed by the law.

“The President has at all times acted on sound legal principles, the rule of law and good governance practices, and the people of Ghana cannot be misled by your lack of understanding of the law, for which you may be forgiven since you are not a lawyer.”

On Mr Domelevo’s point of a possible infringement of AG Office’s independence, Mr Bediatuo argued that “Per article 297(a) of the Constitution, that power to appoint includes the power to “exercise disciplinary control over persons holding or acting in any such office.”

“Thus, to the extent that you fail to comply with a basic term of your appointment such as taking an annual leave, The President has the power to exercise disciplinary action over you to ensure that you comply with the terms of your appointment.”

Per the letter, the law does not categorise the Auditor General’s Office under the list of institutions exempted from the scope of Ghana’s Labour Laws.

“According to the Labour Act, you could not forgo your leave and any agreement to relinquish your entitlement to your annual leave shall be void,” it read citing Section 31 of the Labour Act.

“You may therefore not agree with the President (your appointing authority) to relinquish your entitlement to the accumulated leave or forgo same. You may also not agree to be paid in cash in exchange for the accumulated leave. Any such an agreement would be void under section 31 of the Labour Act.”

The Office of the President also disclosed that the Auditor-General cannot offer to take cash in exchange for his leave saying any such development would go contrary to provisions under section 31 of the Labour Act.

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“Thus, your assertions that you may waive your entitlement to annual leave is unlawful and misconceived.”

Mr Domelevo had, in his letter, purported that “previous correspondence from the Chairman of the Audit Service Board (who works at the Office of the Senior Minister) together with the public pronouncement by Minister makes it clear that the Auditor-General’s work is embarrassing the government.”

But the Office of the President is of a different view. Nana Asante Bediatuo believes “the President has ensured that you have been provided with all the necessary resources needed for the effective running of the office of the Auditor-General and considers your work a critical part of good governance.

Meanwhile, “the directive of the President stands, as amended above to 167 working days, with effect from 1^st July, 2020” to include that of 2020.

The earlier 123-day accumulated leave directive was “in respect of the period 2017 to 2019.”

In a Facebook post, the veteran media personality posited that Ghana was a state where citizens are fed with both the National Democratic Congress (NDC) and New Patriotic Party (NPP).

He recounted how some persons have told him they would not waste their time in voting for these two parties.

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In his view, the candidacy of Mr. Amidu and Domelevo will be a guarantee to fight corruption.

He has promised to quit his job to campaign for these two individuals should they decide to contest.

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Read Below his post (unedited)

THE BEST TICKET FOR 2020

How about having these two as an Independent ticket of Candidate and Running Mate for 2020 Presidential Elections. I think our country is at a state where the people are angry enough about the mismanagement, corruption, and nepotism under both NPP and NDC and will go for a revolutionary change. The masses are simply fed up with the NPP and NDC.

I meet people (both NPP and NDC folks) every day who tell me they won’t waste their time going to the polls in 2020. I believe Ghanaians will vote for anti-corruption over anything else and these two persons stands for just that.

They will owe no party financiers to be settled after election. They will not have cash and goodies for voters ahead of elections but will guarantee them a true fight against corruption and a judicious use of our resources.

They will retrieve the looted monies and build our nation with its wealth. Maybe a movement to have these two running for 2020 will be great. I will quit my job to join such a movement and their campaign team.