'It's sad that the presidency was at forefront of violating the Constitution' - Domelevo laments after SC ruling

Former Auditor General, Daniel Yao Domelevo, says he feels sad that the presidency of Ghana has been embroiled in acts of unconstitutionality, as ruled by the Supreme Court on Wednesday, May 31, 2023.

According to Mr. Domelevo, the presidency should make deliberate efforts to wean itself from unconstitutional acts that will bring it into disrepute.

“The long and short of it is that today, we are at a point where we know who is wrong and who is not wrong. But let me tell you about one thing which saddens me about this decision. It is the fact that this is the highest office of the land, the Office of the President, which is at the forefront of violating the constitution, violating the laws of the country. I would like to plead with the office to desist from this, so that we see the Office of the President as the one which is at the forefront of enforcing or upholding the laws of the country.

“It should not be said that on the same day the Supreme Court has decided on two cases and in all cases the presidency was wrong. I don’t think it augurs well. So it is my wish and my prayer that going forward, care will be taken to ensure that we don’t run into such developments or such situations in the future,” Mr. Domelevo stated in reaction to a Supreme Court ruling that labeled as unconstitutional a directive by President Nana Addo Dankwa Akufo-Addo asking him to proceed on a 169-day accumulated leave ahead of his retirement.

Civil society organizations filed a lawsuit arguing that the president's actions undermined the independence of the Auditor-General's office, after Mr. Domelevo's forced leave had sparked allegations of attempts to hinder anti-corruption efforts.

On Wednesday, May 31, 2023, the Supreme Court upheld the suit, declaring the president's directive as "unconstitutional and null and void," thus putting an end to two years of legal dispute after the president rejected appeals to rescind the directive.

In an interview on Accra-based JoyNews' Upfront show on Wednesday, May 31, Mr. Domelevo expressed his satisfaction with the court's decision, stating that he felt vindicated.

"I was not jumping around, but I felt vindicated when the decision came. If you remember, when I wrote to the office of the president to draw the attention of the president to the unconstitutionality of the directive from the president, I was told it’s because I am not a lawyer, I don’t appreciate the law, and I am happy that those in whose bosom reside the interpretation of the constitution and the laws have affirmed my position,” he said.

He added, "I am ultimately happy because those who come after me will not have to go through this again."

Mr. Domelevo believed that the verdict would discourage similar unlawful acts against his successors and expressed his hope for caution to be exercised in order to avoid a recurrence of such a situation in the future.

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