Supreme Court dismisses appeal on retirement age of Auditor-General

Accra Oct. 19, GNA - The Supreme Court, on Tuesday, unanimously dismissed an appeal in respect of the retirement age of the Auditor-General.

The 11-member panel presided over by the Chief Justice, Mrs Georgina T. Wood, noted that the appellant, Mr P. C. Appiah-Ofori, New Patriotic Party Member of (MP) for Asikuma/Odoben/Brakwa Constituency, in the Central Region, had not demonstrated an exceptional circumstance indicating that there had been "a miscarriage of justice".


According to the court, it found no merit in the case and dismissed it without awarding any cost to the appellant.


This was after the MP's Counsel, Mr Frank Boakye Agyen, had moved the motion on notice for review with the supporting affidavit.


Mr Cecil Adadevor represented the Attorney General.


Speaking to journalists after the Court's ruling, however, Mr Appiah-Ofori said he would not rest and that he would continue to fight his case at the Constitution Review Commission.

On June 3, this year, the court in a 6-3 majority decision, pegged the retirement age of the Auditor-General at 60.


This was after it had dismissed a writ filed by Mr Appiah-Ofori.


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.


The majority held that the Auditor-General is 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 kept its eyes on State funds to ensure transparency and accountability.


There was, therefore, the need to keep the office secured and protected.


They argued that the Auditor-General's retirement age should be 70 years since payment of their emolument was equated to that of Superior Court judges (Court of Appeal Judges).


In July 2007, Mr Appiah-Ofori, took 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 sought, 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, the retirement age of the Auditor-General was 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 Supreme Court to declare that on the true and proper interpretation of the 1992 Constitution, the Auditor-General was 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 further sought 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, "a 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".


Members of the full bench of the SC that sat with Chief Justice Mrs Wood were justices William Atuguba, S.A. Brobbey, Rose Owusu, Julius Ansah, Victor Jones Dotse, B.T. Aryeetey, Anim Yeboah, Paul Baffoe Bonney, S.N. Gbedegbe and Vida Akoto Bamfo.