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Supreme Court Rules President’s Directive for Domelevo to Proceed on Leave Unconstitutional

In a unanimous decision, the Supreme Court of Ghana has declared President Nana Addo Dankwa Akufo-Addo’s directive for former Auditor-General Daniel Domelevo to proceed on leave as unconstitutional.

The court further ruled that the President acted unconstitutionally by appointing an acting Auditor General while Domelevo was still in office.

The court’s decision, announced on May 31, 2023, was declaratory in nature and did not issue any consequential orders since Domelevo had already retired from office. The full reasons behind the decision will be filed at the court’s registry.

The seven-member panel, presided over by Justice Nene Amegatcher, included Justices Prof Ashie Kotey, Mariama Owusu, Lovelace Johnson, Gertrude Torkornoo, Prof Henrietta Mensah Bonsu, and Emmanuel Kulendi.

The legal suit leading to the court’s decision was filed by nine civil society organizations, including the Centre for Democratic Development (CDD-Ghana), Ghana Integrity Initiative (GII), Citizen Movement Ghana, Africa Center for Energy Policy (ACEP), Parliamentary Network Africa, Penplusbyte, Media Foundation for West Africa, SEND Ghana, and One Ghana Movement.

President Akufo-Addo had directed Domelevo on July 1, 2020, to proceed on his accumulated leave of 167 days.

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