A United States based Ghanaian lawyer has dragged the Attorney General to the Supreme Court following the President's directive to the Auditor General to proceed on his accumulated leave.
Mr Daniel Domelovo, the Auditor General has about 130 days of accumulated leave hence on July 4, this year, the President directed him to proceed on leave.
To the US based Ghanaian lawyer, Professor Kweku Asare, the President's directive was unconstitutional.
In an interlocutory injunction, Prof Asare is seeking an order directed at the President, his agents, privies, assigns, servants whatsoever to cease and desist from issuing directives to the Auditor General.
He is further seeking an order that except for stated ground in Article 146 of the 1992 Constitution, the Auditor Generals tenure cannot be disturbed whether couched as involuntary or accumulated leave.
He further contended that the directive by the President amounts to removal which the courts must remedy.
Prof. Asare held that the declaration by the President to Mr Domelovo to hand over to his deputy Mr Johnson Akuamoah Asiedu was inconsistent with or in contravention with the letter and spirit of Articles 187 (1) 187(7) of the Constitution.
Prof Asare stated that the appointment of Mr Asiedu to act as Auditor General contravenes the Constitution.
He is therefore seeking an order directed at Mr Asiedu to desist from performing the acting role of the Auditor General.
He contended that Mr Asiedu has not taken the Oath of the Auditor General and cannot be said to be acting in that position.
Joined in the suit are Mr Asiedu and the Auditor General/ Office of the Auditor General.
The suit is expected to be moved on July 29, this year at the Supreme Court.
Source: GNA
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THE AUDITOR GENERAL IS NOT A PERSON. IT IS AN INSTITUTION. IT CANNOT BE RUN ACCORDING TO WHIMS AND CAPRICES OF YAW DOMELUVO ON THE ADVICE OF PROF. KWAKU ASARE. AUDITOR GENERAL IS INDEPENDENT, BUT HIS INDEPENDENCE IS REGULATED BY LAW. HE MUST COMPLY TO LAWS THAT REGULATE HIS OFFICE. WHEN HE VIOLATES THE LAWS HE MUST BE MADE ACCOUNTABLE BY SOMEBODY AND THAT SOMEBODY IS THE PRESIDENT OF THE STATE. PROF KWAKU ASAEE GOT IT ALL WRONG WHEN HE CLAIMED THAT AUDITOR GENERAL IS NOT RESPONSIBLE TO THE BOARD. AG DOES NOT WORK PARALLEL TO THE AUDIT SERVICE OR THE BOARD. HE WORKS WITH THEM TO ACHIEVE A COMMON PURPOSE. THEIR RELATIONSHIP IS REGULATED BY LAW AND IT MUST BE COMPLIED BY ALL. WHEN THERE IS DISAGREEMENT THE PRESIDENT HAS THE POWER TO INTERVENE TO MAINTAIN ORDER. WHATEVER GOES WRONG AFFECTS THE STATE AND THE PRESIDENCY AND THE PRESIDENT CANNOT SIT UNCONCERNED.