CSOs launch #BringDomelevoBack campaign

The groups were of the view that not only does the president's action gravely affects the fight against corruption, but it also "weakens our quest for good democratic governance grounded in the principle of checks and balances, rule of law and the pursuit of public accountability".

Nana Addo directs Domelevo to go

President Nana Addo Dankwa Akufo-Addo has directed Daniel Yaw Domelevo, the Auditor-General, to take his accumulated annual leave of one hundred and twenty-three (123) working days, according to records available to the Presidency, with effect from Wednesday, 1st July 2020.

The President's decision to direct Domelevo to take his accumulated annual leave is based on sections 20(1) and 31 of the Labour Act, 2003 (Act 651), which apply to all workers, including public office holders such as the Auditor-General. According to the Act, a worker is entitled to annual leave with full pay, in a calendar year of continuous service, which cannot be relinquished or forgone by the worker or the employer.

Since his appointment as Auditor-General on December 30, 2016, Domelevo has taken only nine (9) working days of his accumulated annual leave of one hundred and thirty-two (132) working days.

It would be recalled that, on 9th April 2009, the 3rd President of the 4th Republic, His Excellency the late Prof. John Evans Atta Mills, directed the then Auditor-General, Edward Dua Agyeman, to take his accumulated annual leave of approximately two hundred and sixty-four (264) working days.

President Akufo-Addo paid attention to this precedent in directing the Auditor-General to take his accumulated annual leave of one hundred and twenty-three (123) working days.

The Auditor-General has been further directed to hand over all matters relating to his office to Mr. Johnson Akuamoah Asiedu, the Deputy Auditor-General, to act as AuditorGeneral, until his return from his well-deserved leave.

Domelevo reacts

Daniel Yaw Domelevo has asked the President, Nana Addo Dankwa Akufo-Addo to reconsider his directive for him to proceed on his accumulated leave.

According to him, although he was aware that his work was "embarrassing the government", the directive had "serious implications for the constitutional independence of the office of the Auditor-General."

In a three-page letter dated July 3, 2020, and addressed to the Secretary to the President, Nana Bediatuo Asante, Domelevo stated that although he has since taken his accumulated leave days as directed, the action by the President was unconstitutional and not in the best interest of the office of the Auditor-General and for that matter the country.

"I think it necessary, however, to bring to the attention of the high office of the President a few matters relevant to our constitutional governance, due process and the rule of law... My knowledge of recent labour law and practice in the country is that no worker is deemed to have accumulated any leave on account of their having failed, omitted, neglected or even refused to enjoy their right to annual leave, which the law guarantees for their benefit, not the employer."

CSOs launches #BringBackDomelevo

But the group which claims to represent close to 500 CSO members across the country, dismissed claims that the Auditor-General has been biased in his work. Questioning the properness of the directive, the group asked the President to "reconsider", whiles launching a "campaign to #BringBackDomelevo beginning today."

In a statement, it said "The action gravely weakens the President’s fight against corruption and his standing in the eyes of the international community as someone committed to public accountability. We should not forget that it was the President and the NPP government that set up an Office of the Special Prosecutor with a carefully designed legal framework to ensure that Mr. Martin Amidu was not only formally independent but substantively independent.

"We believe our President listens and when he re-assesses the case we have made, he will reconsider. In this regard, we are calling on all well-meaning Ghanaians to join us in our campaign to #BringBackDomelevo beginning today."

"Second, as a result of the gravity of the constitutional issues raised by this action, we have to at some point apply to the Supreme Court for interpretation of the President’s powers in respect of’ independent governance institutions," the statement read.