Accra, June 3, GNA - The Supreme Court (SC) on Wednesday pegged the retirement age of the Auditor General at 60.
This was after it had dismissed a writ filed by Mr P.C. Appiah-Ofori, New Patriotic Party Member of Parliament (MP) for Asikum/Odoben/Brakwa Constituency in the Central Region. The MP had sent the Attorney General to the SC to seek interpretation of some constitutional matters relating to the appointment and retirement of the Auditor General. In a 6-3 majority decision, the court held that the Auditor General was a public servant and should retire at the age of 60. However, his tenure of office could be extended on contractual agreement for two years, not exceeding five years.
The three dissenting judges held the view that the office of the Auditor General was an important one, since it keeps its eyes on State funds and ensure transparency and accountability. There is therefore the need to keep the office secured and protected. They argued that the Auditor Generals' retirement age should be 70 years since payment of their emolument was equated to that of Superior Court judges (Court of Appeal Judges). The Court however, did not award cost to Mr Appiah-Ofori. The six judges who dismissed the writ were Mr Justice William Atugugba, Ms Justice Rose Owusu, Mr Justice Anin Yeboah, Mr Justice P. Baffoe-Bonney, Mr Justice Sule Gbedegbe and Mrs Justice Vida Akoto- Bamfo.
The three who argued in favour of the writ were; Mrs Justice Georgina Theodora Wood, Chief Justice, Mr Justice Julius Ansah and Mr Justice Jones Victor Dotse. In July 2007, Mr Appiah-Ofori, dragged the Attorney General (A-G) to court over the interpretation of some constitutional matters relating to the appointment and retirement of the Auditor General. In the suit, the MP was seeking among other things a declaration that by the combined effect of Articles 17, 70, 71, 144, 145, 146 and 187 of the 1992 Constitution and on a true and proper interpretation of the Constitution, retirement age of the Auditor General is comparable to and in pari materia to that of a Justice of the Court of Appeal. Mr Appiah-Ofori, who is also a member of the Finance Committee of Parliament, appealed to the SC to declare that on the true and proper interpretation of the 1992 Constitution, the Auditor General is not a public officer within the contemplation of and for the purposes of articles 191, 195 and 199 of the Constitution, but an officer within articles 70 and 71. He was further seeking a declaration that section 10 (4) of the Audit Service Act, 2000 (Act 584) was inconsistent with and in contravention of the letter and spirit of the 1992 Constitution, and accordingly same be declared null and void. Additionally, the MP was seeking, "declaration that except for stated grounds in article 146 of the 1992 Constitution the Auditor General may remain in office until he attains the compulsory retirement age which is comparable to that of a Justice of the Court of Appeal".
Speaking to journalists after the Court's ruling Mr Appiah-Ofori said he would not go for a review but
would take his case to the Constitutional Review Commission.
