Daniel Yaw Domelevo
The Supreme Court has adjourned indefinitely the case seeking interpretation of the extent of the powers of the Auditor General vis-à-vis the Audit Service Board.
This was due to the failure of the four lawyers in the matter to abide by the court’s orders to file their joint memorandum of issues.
Wilberforce Mensah, a legal practitioner, wants the highest court to make clear the lines of authority and the degree of independence of the Auditor-General, Daniel Yaw Domelevo following his alleged promise not to abide by any decision taken by the Audit Service Board.
He wants a declaration that the independence of the Auditor-General as guaranteed by the Constitution as well as his duties, do not include the appointment and transfer of staff at the Audit Service.
The Supreme Court on October 20, this year ordered the parties in the matter to file a memorandum of issues.
But when the case was called today, the Chief Justice indicated that none of the parties had complied with the court’s order.
He said the Attorney General had rather filed an application seeking the court to strike out the names of the Auditor General and the Audit Service board as respondents in the matter.
Justice Anin Yeboah stated that the court was a court of record and the lawyers should stop handling the case as though they were doing it in their law chambers.
Justice Jones Dotse also added that all the lawyers went to sleep on the most important aspect of the case knowing very well that without the joint memorandum of issues the case cannot continue.
The case was subsequently adjourned indefinitely.
Suit
The plaintiff sued seeking an interpretation that will settle the matter and restore confidence in the Audit Service which plays a very crucial role in the fight against corruption.
He averred that the Auditor General has vowed to continue the appointment and transfer of staff at the Audit Service as against the Constitution and the Audit Service Act 2000.
This the plaintiff claimed is contained in an email Mr. Domelevo sent to the Chairman of the Audit Service Board, Prof. Edward Dua Agyeman in which he states that “I am unable to obey the decision (of the Board) that posting of staff within the Audit Service is the Board’s mandate. In consultation with the Deputy Auditors-General, I will continue posting staff without reference to the Board.”
BY Gibril Abdul Razak