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POLITICS: 9 CSOs Petition Supreme Court Over Dumelovo Saga


Nine Civil Society Organisations have filed a case at the Supreme Court seeking to challenge the President's decision to direct the Auditor General, Daniel Domelevo to proceed on leave.


The organizations include the Center for Democratic Development, Ghana integrity initiative, Citizen Ghana Movement, Africa Centre for Energy Policy (ACEP), parliamentary Network Africa, Penplusbytes, Media Foundation for West Africa,(MFWA), SEND Ghana and One Ghana Movement.


They are asking the Apex court to rule that the directive by the President, asking Mr.Domelevo to proceed on leave is inconsistent with the letter and spirit of the constitution.


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They are also praying the court to declare that the appointment of Mr.Johnson Akuamoah Asiedua as "Acting Auditor-General " is void and of no legal effect.


This is the second suit challenging president Akufo-Addo's decision.


The first suit challenging the president's decision was by CDD Fellow in public Law and Justice, Professor Stephen Asare.


Background

The office of the president on July 4, 2020, extended the duration of the Auditor-General's leave from 123 days to 167 days, effective July 1, 2020.


This was in the wake of a protest registered by Mr.Daniel Domelevo challenging the president's decision asking him to proceed on leave, accusing the Government of seeking to frustrate his work since in his estimation his findings were causing embarrassment to the administration.


A letter by Mr.Domelevo dated July 3, 2020, outlined a series of reasons behind his protest, accusing the Government of bad faith.


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CSOs case

The CSOs are being represented in court by renowned lawyer, Martin Kpebu of GT Legal.


In a 90 page brief, Mr. Kpebu defends the capacity of the CSOs to file the suit, outlines the reliefs being sought, facts of the case, legal arguments among others.


He contends that Article 2(1) of the 1992 constitution empowers the groups in question to collectively file such a case.


The office of Auditor-General is described in the writ as an "independent Constitutional office" that is not subject to the control of the president.


Mr.kpebu argues that the Auditor-General's entitlement to leave is in the character of a right and does not give rise to an enforceable legal obligation.


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Story by RodneyTsenuokpor

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