The Economic and Organised Crime Office has lost its power to investigate procurement-related infractions to the Office of the Special Prosecutor, a private legal Practitioner has argued.  

Justice Srem Sai, who spoke on JoyNews’ Pm Express on Tuesday said his position is predicated on two legal principles. 

The first is that when two laws are in conflict, the latest of the two holds sway. 

The second principle is that specific laws always take preeminence over the general worded ones. 

These principles, he said, favours the position of the Auditor-General, Daniel Domelevo, who is resisting the EOCO from investigating his office.

The investigation was triggered by a petition from a private citizen.

This citizen alleged that there has been a  breach of Act 663 in the Procurement law in relation to the purchasing of vehicles worth almost GH¢6.2 million for the Audit Service. 

Danie Domelevor has declined to cooperate with the investigation. 

“It is quite bizarre and unfathomable why your office would purport to be investigating procurement breaches when and in fact it does not have any legal authority to do so unless there is any hidden or ill motives behind your actions,” Mr Domelevo wrote to the EOCO.

He added that “in fact, I am advised that the relevant provision in Act 959 which amended Act 804 is section 80 and therein, your office’s mandate to investigate corruption and corruption-related offences, which has been defined to include procurement breaches, has been taken away.”

Justice Sai told JoyNews the decision of the Auditor-General is legally founded. 

According to the Law lecturer, the Auditor-General is simply saying that EOCO is not the proper forum for him to be investigated.

“Section 81 of the Special Prosecutor’s Act says that institutions which were already investigating procurement infractions prior to the coming into effect OSP should transfer such cases to the OSP Which now falls under its jurisdiction,” he revealed.