Akufo-Addo's letter to Domelevo to proceed on leave was unconstitutional — Supreme Court

The Supreme Court has given a ruling on President Akufo-Addo’s directive to former Auditor-General Daniel Domelevo, asking him to proceed on leave three years ago.

The President in July 2020, asked Daniel Domelevo to proceed on leave to the shock of Ghanaians who felt he was doing a great job as the country’s Auditor-General.

“The President of the Republic, Nana Addo Dankwa Akufo-Addo, has directed Mr. Daniel Yaw Domelevo, the Auditor-General, to take his accumulated annual leave of one hundred and twenty-three (123) working days, according to records available to the Presidency, with effect from Wednesday, 1st July 2020.

“The President’s decision to direct Mr. Domelevo to take his accumulated annual leave is based on sections 20(1) and 31 of the Labour Act, 2003 (Act 651), which apply to all workers, including public office holders such as the Auditor-General. According to the Act, a worker is entitled to annual leave with full pay, in a calendar year of continuous service, which cannot be relinquished or forgone by the worker or the employer,” a release from the Presidency said.

Unhappy with the development, nine civil society groups sued the Attorney General over the directives.

The 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 argued that the directives were unlawful since the President did not have the power to exercise such disciplinary control over independent bodies.

Today, the Supreme Court has in a unanimous decision described as unconstitutional the directive from the Presidency that asked former Auditor-General Daniel Domelevo to proceed on leave.

The apex court also indicated that the President’s appointment of an Acting Auditor General while there was a substantive Auditor-General was equally unconstitutional.