A former Auditor-General, Daniel Domelevo, says although people may justified in concluding that the Supreme Court ruling against his forced leave is a clear case of justice delayed, justice denied, he believes it is better late than never.

Speaking in an interview on Joy News' Upfront programme on Wednesday, May 31, he said the ruling has vindicated his earlier position on the president's unconstitutional act.

“Justice delayed is justice denied. The justices of the Supreme Court know better… From my point of view, it’s better late than never. So from today going, it will not be repeated on any constitutional body or any Auditor General, that is my happiness.”

“I’m equally sad that the highest office of the land, the presidency, is at the forefront of not respecting the constitution of the country, I find it a bit disturbing.”

“Even when I drew their attention, they told me I don’t appreciate the law. I am hoping that they will write to the Supreme Court and tell them that they have to go back for law classes since they have upheld the position that I was pushing forward. I think that the ruling was a very good one,” he said. 

Meanwhile, he also said he does regret accepting the offer to serve as Auditor-General. 

According to him, he could not resist the opportunity to serve his motherland in that capacity. 

He added it was a privilege for him to have been offered such an opportunity to help protect the public purse. 

“So when the opportunity came for me to serve my country, I thought it was a great privilege. So I have no regret serving Ghana as the Auditor-General even though the conditions and service of my previous job was better,” he told Raymond Acquah on JoyNews’ Upfront programme on Wednesday, May 31. 

Background 

The Supreme Court has in a unanimous decision on Wednesday described as unconstitutional the directive from the Presidency that asked him to proceed on leave.

The court also described as unconstitutional the President’s appointment of an Acting Auditor General while there was a substantive Auditor-General as equally unconstitutional.

The Presidency in July 2020 asked the then Auditor General to proceed on leave.

When Mr Domelevo pointed this out as unlawful, his leave was further extended from 123 days to 167 effective July 1, 2020.

Eventually, Mr. Domelevo, whose retirement age was near, retired. Even that one was not without controversy, as he was accused of attempting to alter his age to stay in office for a much longer period.

There were even allegations that he was not Ghanaian per his personal data, but rather a Togolese. Mr. Domelevo denied all these allegations before going on his forced retirement, just when he had returned from the forced leave.

Nine civil society groups sued the Attorney General over these directives.

They included the Centre for Democratic Development (CDD-Ghana), Ghana Integrity Initiative, (GII), Citizen Movement Ghana, Africa Center for Energy Policy (ACEP), and Parliamentary Network Africa.

They contended that the directives were u lawful since the President does not have the power to exercise such disciplinary control over independent bodies.

The Court, however, opted not to issue any other orders including stopping Mr Domelevo from proceeding on leave since he has since retired.

The case was heard by Justices Nene Amegatcher, Prof Ashie Kotey, Mariama Owusu, Lovelace Johnson, Getrude Torkonoo, Prof Henrietta Mensah Bonsu and Emmanuel Kulendi.