Supreme Court ruling on Auditor-General good for our constitutional democracy - Miracles Aboagye

A Presidential Staffer Mr Dennis Miracles Aboagye has welcomed the Supreme Court ruling that declared the removal of Daniel Domelevo as Auditor-General as unconstitutional.

He said that the ruling is good for Ghana’s constitutional democracy as it brings clarity to this practice in the public service where persons are asked to proceed on accumulated leave, especially when there is a change of power.

The apex court gave the ruling on Wednesday, May 31.

It is recalled that President Akufo-Addp appointed an Acting Auditor-General after asking Mr Daniel Domelevo to take his accumulated annual leave of 123 working days on Wednesday, July 1, 2020.

A statement released by the Presidency and signed by the Director of Communication, Eugene Arhin, on Monday, 29 June 2020,  explained that the decision to direct Mr Domelevo to take his accumulated annual leave was based on Sections 20(1) and Labour Act, 2003 (Act 651), which apply to all workers including public officeholders such as the Auditor-General.

Per 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.

Mr Domelevo is said to have taken only nine working days of his accumulated annual leave of 132 working days since his appointment as Auditor-General on December 30, 2016.

The statement made reference to a 9 April 2009 directive by the third President of the 4th Republic, , who asked then Auditor-General, Edward Duah Agyeman, to take his accumulated annual leave of approximately 264 working days.

“President Akufo-Addo paid attention to the precedent in directing the Auditor-General to take his accumulated annual leave of 123 working days,” the statement by the Jubilee House had said.

But the government was sued over this matter.

The Attorney General’s Office was named as a defendant.

Nine Civil Society Organisations (CSOs) who sued wanted the Supreme Court to rule that the President’s directive was inconsistent with or was in contravention of the letter and spirit of Article 187(7)(a) of the Constitution, 1992.

The office of the Auditor-General and Johnson Akuamoah who was the acting Auditor-General were also named as defendants.

Commenting on this development in a statement, Mr Miracles Aboagye said “The decision is good for our constitutional democracy as it brings clarity to this practice in the public service where persons are asked to proceed on accumulated leave, especially when there is a change of power.

SUPREME COURT OF GHANA SHAPING OUR GOVERNANCE AS THEY SHOULD – WAY TO GO

NDC Government with President Prof.

Edward Dua Agyemang, to proceed on Leave effective 15th April, 2009 to take…

— Dennis Edward Aboagye (@DennisMiracles)

“Our Supreme Court is doing this country a lot of Great service with their constant landmark interpretations which is positively shaping our governance and democracy.

Edward Dua Agyemang, to proceed on Leave effective 15th April, 2009 to take his accumulated leave of 264 days.

based on the precedence set by the NDC Government asked the Auditor General to proceed on leave to take his accumulated leave of 123 days.

The decision is good for our constitutional democracy as it brings clarity to this practice in the public service where persons are asked to proceed on accumulated leave, especially when there is a change of power.