Mensah Thompson of the Alliance for Social Equity and Public Accountability (ASEPA) has described as an administrative error President Akufo-Addo’s letter directing the Auditor-General, Mr. Daniel Momelevo to go on retirement.
He emphasized the “Presidency do not possess such powers to direct the Auditor General to proceed on retirement just as it didn’t have the powers to direct the AG to proceed on leave in the first place. But once, the first illegal act was allowed to stand, it became a deadly precedent for the continuous abuse of power by the executive over the Independent Auditor General”.
He noted It is only based on a report of a conclusive investigation that a decision such as the one taken by the Presidency can be taken and therefore the Presidency choosing the evidence of the audit service board without considering the official responses of Mr. Domelovo to the said allegations amounts to a clear abuse of the rules of natural justice and a serious administrative and legal error”.
Read Thompson full write-up below:
THE PRESIDENT’s RETIREMENT LETTER TO DOMELOVO IS A SERIOUS LEGAL AND ADMINISTRATIVE ERROR-ASEPA
We have seen the letter from the Presidency addressed to Mr.Domelovo asking him to proceed on compulsory retirement because his retirement was due.
First of all, the Presidency do not possess such powers to direct the Auditor General to proceed on retirement just as it didn’t have the powers to direct the AG to proceed on leave in the first place.
But once, the first illegal act was allowed to stand, it became a deadly precedent for the continuous abuse of Power by the executive over the Independent Auditor General.
Secondly, the letter from the Presidency claims a copy of some documents pertaining to the date of birth of Mr.Domelovo had been made available to the Presidency and based on that this proceed on retirement directive was issued by the Presidency.
Again this extremely outrageous to say the least and the worst form of abuse of executive powers.
We are sure whoever from the Audit Service Board who furnished the Presidency with Domelovo’s date of birth records also added his response to the said issues to the Audit Service Board.
And so If the “illegal” Audit Service Board was unsatisfied with the responses given by the AG, they should have rather opened a formal investigation into the matter to ascertain the true facts of the matter.
It is only based on a report of a conclusive investigation that a decision such as the one taken by the Presidency can be taken and therefore the Presidency choosing the evidence of the audit service board without considering the official responses of Mr.Domelovo to the said allegations amounts to a clear abuse of the rules of natural justice and a serious administrative and legal error.
It is also a violation of the fundamental human rights of Mr.Domelovo, his right to a fair hearing.
Also the swift nature with which the Presidency took the decision on Mr.Domelovo without demanding further investigations on the subject also greatly confirms the widely held beliefs that the executive wants the AG out of office at all cost.
We are by this medium demanding the immediate restoration of Mr.Daniel Yaw Domelovo to office Auditor General,
we are also demanding that the Presidency refers the matter to an investigative committee or a fact finding committee to ascertain the facts of the matter and give Mr.Domelovo adequate opportunity to defend himself before any decision is taken on the subject.
It is our hope that the Presidency just as it is seeking to enforce the law, would abide by the rules of the game and ensure that the right thing is done.
Verbum sapientibus satis est…
Mensah Thompson
Executive Director,ASEPA
0542120628
Filed By : Agaatorne Douglas Asaah / awakenewsroom.com