Lawyer Kofi Bentil has lamented the belated legal victory delivered by the Supreme Court in the matter of President Nana Addo Dankwa Akufo-Addo’s ‘forced leave’ order to former Auditor General Daniel Yaw Domelevo.
Bentil described the ruling that the order was unconstitutional and null and void as a victory that he could not celebrate because it was ‘pyric.’
He went on to accuse the apex court of being part of the problem when they fail to adjudicate timeously on matters brought before it.
“We won the Domelevo case against the government, but I can’t jubilate because the victory is Pyrric. When your Supreme Court’s actions render your victories useless, they are part of the problem.
Civil Society Organizations filed a lawsuit arguing that the president's directive that Domelevo takes 169-day accumulated leave ahead of his retirement undermined the independence of the Auditor-General's office, adding that it smugged 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 disputes 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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