He said the EOCO has no locus or power to investigate him.
In the letter, addressed to the Acting Executive Director of EOCO, COP Frank Adu-Poku (Rtd), the outspoken Auditor General wants the anti-graft body to immediately stop what he calls the unlawful investigations into allegations that himself and the Ghana Audit Service breached the law when some vehicles were procured in 2018.
“Your office does not have the jurisdiction to investigate corruption-related offences which has been defined in Act 959 to include breaches of the Public Procurement Act,” the letter said in part.
In the letter, titled “Unlawful investigation of alleged procurement breach by Ghana Audit Service,” Mr Domelevo argued that on November 7, 2019, he was invited by EOCO and he honoured the invitation.
He said on November 14, 2019, he was given a caution statement by officers of EOCO and he was granted bail and that was done through his driver.
He said upon a careful reading of the law since that day, “a careful reading of your enabling law, the Economic and Organised Crime Act 2010, Act 804, as amended by the Office of the Special Prosecutor Act 2017, Act 959, and from discussions with my lawyers, I am of the firm belief that your office does not have the mandate to investigate any breaches under the Public Procurement Act."
Daniel Domelevo
EOCO launched a full-scale investigation into alleged procurement breaches at the Ghana Audit Service following a complaint by a private citizen that the Auditor General, Mr Daniel Yao Domelevo; the Deputy Auditor General (Finance and Administration), Mrs Roberta Assiamah-Appiah, and the Audit Service Board, accusing them of circumventing the procurement laws to procure some vehicles for the Audit Service.
Mr Domelevo responding denied all the allegations and described the petition as a “storm in a tea cup.”
EOCO has already started interrogating staff of the Audit Service including Mr Domelevo himself.
The petition stated among others that the Audit Service had breached the Procurement Law, Act 663 in the procurement of vehicles worth almost GH¢6.2 million.