Akufo-Addo versus Auditor-General: Law Professor ‘deflates’ President’s argument

Professor Kwaku Asare, a legal luminary has punched holes in President Akufo-Addo’s statement, directing the Auditor-General Daniel Yaw Domelevo to go on leave.

Last week, President Nana Addo Dankwa Akufo-Addo caused a stir after instructing Yaw Domelevo to take his accumulated leave.

A statement signed by the Director of Communications at the Presidency said “The President’s decision to direct Mr Domelevo to take his accumulated leave is based on sections 20 (1) and 31 of the Labour Act, 2003 (Act 651), which apply to workers, including public office holders such as the Auditor-General.

“According to the Act, a worker is entitled to annual leave with full pay, in a calendar year of continuous service which cannot be relinquished or forgone by the worker or the employer”.

Contributing to a panel discussion on Joy News on the matter, Kwaku Asare espoused that the President’s actions are inconsistent with the dictates of the constitution.

Citing a number of articles in the constitution to back his stance, Kwaku Azar, as he is known, described as illegal, the move by Nana Addo Dankwa Akufo-Addo.

According to him, the Auditor-General’s independence is guaranteed by the constitution and that the President is barred from exercising any form of influence in its activities.

“It is very important for people to pay attention to articles 186, 187, 188, 189 of the constitution. Article 187 creates an office which is occupied by the Auditor-General and he or she given specific functions. In the discharge of his functions, he is not subject to any direction or control. That’s extremely important. So what we have is a constitutional officer. Secondly, all his reports go to the legislature”.

“The instrumentality with which the Auditor-General is to perform his duties is provided in article 188”. The office of the Audit Service is different from the office of the Auditor-General and article 189 creates the Audit Service Board. The Audit Service Board is the board of the Audit Service, not the Auditor-General’s office. So the board cannot direct or control the Auditor General because he is independent”.

“The duties of the Auditor-General are prescribed by the constitution and cannot be delegated by anyone by law. Can the President direct the Auditor-General? No. Can the he (President) exercise any control including disciplinary control on the Auditor-General? No. Can the board direct the Auditor-General? No”. The President has no power to remove the Auditor-General.

Speaking on the same program, the MP for Ketu South Fiifi Kwetey averred that Yaw Domelevo is being targeted by the President because he went after the Senior Minister.

He asserted that the President’s treatment of the Auditor-General is a ‘low point’ in the country’s fight against corruption.

His claims were however rejected by Nana Akomea who maintained that the President acted within the purview of the law and without malice.