Write to Supreme Court and tell them they don’t know the Law – Domelevo chides Presidency

Former Auditor General Daniel Yaw Domelevo has reacted to the ruling by the Supreme Court to the effect that President Nana Addo Dankwa Akufo-Addo’s June 2020 directive to him to proceed on accumulated leave was unconstitutional.

Mr Domelevo while describing the ruling as well, wondered whether the President will write to the Supreme Court and tell them that they do not know the Law as he did to him when he challenged the directive in 2020.

The President, through his Secretary Nana Bediatuo Asante, had written to Mr Domelevo in July 2020 after Mr Domelevo had challenged the power of the President to direct him to go on accumulated leave, essentially telling Mr Domelevo that because he was not a lawyer, he had no way of understanding the law that gave the President such powers.

But now that the Supreme Court has agreed with Mr Domelevo’s understanding of the law, he hopes the President will write and articulate a similar view to the Supreme Court.

“… So from today going, it will not be repeated on any constitutional body or any Auditor General, that is my happiness. I’m equally sad that the highest office of the land, the presidency, is at the forefront of not respecting the Constitution of the country. I find it a bit disturbing. Even when I drew their attention, they told me I don’t appreciate the law. I am hoping that they will write to the Supreme Court and tell them that they have to go back for law classes since they have upheld the position that I was pushing forward. I think that the ruling was a very good one,” Mr Domelevo said in an interview with Citi News Wednesday.

Mr Domelevo then advised the President to endeavour to respect the laws, adding that he would not seek any redress following the ruling but was content that he has been vindicated.

“I don’t have anything to say to him [ President Akufo-Addo], except to tell him that being a human rights lawyer, he should try and respect the laws of the country.

The president should be the first person to respect the laws of the country so that private enterprises and individuals can also respect the rights of the citizenry. If the supreme law of the citizenry is violated, then it will be difficult for others to do same. I will urge the president to respect the laws of the country instead of violating them…What type of redress? The battle is for the Lord, the most important thing is that the Supreme Court has spoken. And I’m happy they have done that. Many Ghanaians thought that there was something untoward that I had done, which the president said I should go on leave. Now that I feel vindicated, I don’t think I need any redress beyond that,” he explained.

In June 2020, the President forced Mr Domelevo to take his accumulated leave. Many believe the directive was as a result of the tussle between Mr Domelevo’s and then Senior Minister Yaw Osafo Maafo regarding a contract given to Kroll and Associates by Mr Osafo Maafo to undertake value for money audit of some projects in 2017.

Osafo Maafo had been surcharged by Mr Domelevo for paying $ 1million to the company for no work done, leading to a legal tussle between them. After the directive that forced Mr Domelevo to take his leave, Mr Osafo Maafo was eventually cleared of any wrongdoing by the High Court