Former Auditor-General, Daniel Yao Domelevo has expressed his delight over the Supreme Court ruling against President Akufo-Addo’s 2020 directive for him to proceed on forced leave.
He said he feels vindicated following the ruling of the Apex Court.
“I felt vindicated when the decision came,” he said, adding that: “if you remember, when I wrote to the office of the President to draw their attention to the unconstitutionality or the unlawfulness of the directive from the President, I was told it is because I’m not a lawyer, I don’t appreciate the Law but I’m happy that those in whose bosom resides the interpretation of the Constitution and the Laws of this country have affirmed my position. So that makes me happy.”
Domelevo added that what brings him greater joy is that his case will serve as a guiding precedent for the country, prompting a collective effort to prevent the recurrence of such incidents.
“What makes me more happy is that from now onward, there are going to be several Auditor-Generals to come, and several presidents to come and they will not be a repeat of what happened in 2022, any Auditor-General or I believe even Independent Constitution Office holders,” he added.
Asked by the interviewer if he felt he had been denied justice given the period the incident happened and the time a verdict had been passed, he responded in the negative.
“I don’t feel that way [that I have been denied justice] because I don’t think anyone knows about justice being delayed, justice being denied more than the Supreme Court. It is the Apex Court of the country so they should know better. They may have reasons why it has taken this long so I will not like to say that I have been denied justice,” he said.
“But to be very honest with you, it’s better late than never and it is going to guide us going forward. So people should worry that it did not come quickly enough for me to continue doing the work,” he added.
Recall that in 2020, President Akufo-Addo directed Mr Domelevo to proceed on forced leave.
In a letter dated June 29, 2020, and signed by the Director of Communications at the Presidency, Eugene Arhin, the President justified the decision with 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. Mr Domelevo’s leave was further extended after the first deadline was due.
The Centre for Democratic Development (CDD) and eight other Civil Society Organisations (CSOs) who described the move as an affront to the independence of the office took up the matter and sought legal redress for the former Auditor-General at the Supreme Court after several unattended appeals to the President.
After hearing the case, the Supreme Court ruled that the move was unconstitutional.
The Court said the decision by President Nana Akufo-Addo against Daniel Yao Domelevo in 2020 to take his 169 working days of accumulated leave was null and void.