Supreme Court's ruling on Domelevo has set a high precedent – Lawyer

A Ghanaian private legal practitioner has argued that the Supreme Court’s unanimous decision describing the President’s directive to Daniel Yaw Domelevo to go on leave as unconstitutional has set a high precedent for the country.

According to lawyer Tachie Antiedu, while some may agree that it took two years to reach this decision, the long-term impact is what is most important.

He contended that the ruling would mean that no president would be able to abuse his or her office and remove an Auditor-General from office.

The most important thing, according to the lawyer, is that the court has prevented any future occurrence in which a president could order an Auditor-General to go on leave, especially if that leader feels threatened by that person’s work.

The lawyer was speaking on Rainbow Radio 87.5FM’s Frontline with host Kwabena Agyapong.

"This is a significant protection for that office. It is richly deserved. It would be dangerous to appoint someone to audit you if that person lacked any form of protection. That is why the constitution established that special office,” he explained.

He emphasised that the Audit Service is an independent body that must be protected and that the court’s decision was positive and should be applauded.

To him, we needed that verdict, and Domelevo would be entitled to personal benefits if he was interested in taking the matter up.

"He has the right to sue for unpaid benefits. He is entitled to all types of benefits now that it has been determined that his removal was unconstitutional. He may personally decide not to pursue the matter, but if he so desires, he may do so and win the case.”

"The court’s decision has removed all doubt. Nobody can make that decision now that it has been established. That, in my opinion, is the most important factor we must consider,” the lawyer stated.