Former Auditor-General, Daniel Yao Domelevo, has firmly rejected demands to pursue compensation for the unconstitutional “leave” he was forced to take in 2020 under the directive of the presidency.
Despite facing widespread public outcry and legal experts highlighting the violation of constitutional provisions, Domelevo has chosen not to seek damages for the unjust treatment he endured during his forced absence from office.
This decision by the respected former Auditor-General reflects his commitment to prioritizing the integrity of the office he once held, rather than engaging in protracted legal battles. As the issue continues to garner attention, it raises important questions about accountability, constitutional adherence, and the protection of public officials who strive to uphold transparency and good governance.
The Supreme Court after three years ruled that the forced leave was ‘unconstitutional and null and void.’
In an interview with Citi FM hours after the May 31 ruling was handed down, Domelevo said even though he felt vindicated, he was not going to push further because the person who caused his predicament was not a taxpayer.
“Many people made such suggestions, but I jokingly tell them why would I take redress to get compensation from the taxpayers who did nothing to me. The president doesn’t pay tax, so I’m not interested in taking any further action,” he said.
About his ouster, he submitted further: “It’s a position and not a possession, so I have moved on… I think the verdict is the most important thing.”
Civil Society Organizations filed a lawsuit arguing that the president’s directive that Domelevo takes 169-day accumulated leave ahead of his retirement undermined the independence of the Auditor-General’s office, adding that it smugged of attempts to hinder anti-corruption efforts.
On Wednesday, May 31, 2023, the Supreme Court upheld the suit, declaring the president’s directive as “unconstitutional and null and void,” thus putting an end to two years of legal disputes after the president rejected appeals to rescind the directive.
In an interview on Accra-based JoyNews’ Upfront show on Wednesday, May 31, Mr. Domelevo expressed his satisfaction with the court’s decision, stating that he felt vindicated.
“I was not jumping around, but I felt vindicated when the decision came. If you remember, when I wrote to the office of the president to draw the attention of the president to the unconstitutionality of the directive from the president, I was told it’s because I am not a lawyer, I don’t appreciate the law, and I am happy that those in whose bosom reside the interpretation of the constitution and the laws have affirmed my position,” he said.
He added, “I am ultimately happy because those who come after me will not have to go through this again.”
Mr. Domelevo believed that the verdict would discourage similar unlawful acts against his successors and expressed his hope for caution to be exercised in order to avoid a recurrence of such a situation in the future.