The Supreme Court has released its full reasoning behind its earlier ruling that declared President Akufo-Addo's directive for former Auditor-General, Daniel Domelevo, to proceed on leave as unconstitutional. The court held that the directive violated the functional and institutional independence of the Auditor-General.
In the reasoning released on Monday (June 26, 2023), the court emphasized that the Auditor-General's office is an independent constitutional body and should be protected from interference in the execution of its duties. Preserving the functional independence of the Auditor-General is not only crucial for the effective discharge of its functions but also a fundamental principle of Ghana's constitutional development.
The court stated, “The directive of the President requesting the Auditor-General to proceed on leave under Sections 20 and 31 of the Labour Act, Act 651 violated the functional and institutional independence of the Auditor-General.”
Furthermore, the court clarified that the issue of leave falls within the realm of administrative matters and should be handled by Human Resources, based on agreements between employees and employers. The court held that the President does not have the authority to administer leave schedules for heads of independent governance institutions, as stated in the 1992 Constitution.
Regarding the appointment of an Acting Auditor-General, the court ruled that such a position is not recognized by the Constitution. The President can only appoint an Auditor-General in specific circumstances, such as resignation, death, retirement, or removal from office in accordance with the Constitution.
The suit leading to this judgment was filed by nine civil society organizations, including the Centre for Democratic Development (CDD-Ghana), Ghana Integrity Initiative (GII), and Penplusbyte. The ruling clarifies the constitutional position on the leave and appointment of the Auditor-General and invalidates any action taken by the President or others in designating an Acting Auditor-General.
The directive for Mr Domelevo to proceed on leave was initially issued on June 29, 2020, and later extended by the President. Mr Domelevo had argued that the directive was unconstitutional and not in the best interest of his office and the nation.
The full reasoning of the Supreme Court provides clarity on the independence and authority of the Auditor-General's office, setting an important precedent for the future.
