The Supreme Court of Ghana has ruled that the directive by the president for the former Auditor-General to proceed on leave was unconstitutional.
As may be remembered, the president instructed Daniel Yao Domelevo to take his accumulated annual leave in a letter dated June 29, 2020.
“The President of the Republic, Nana Addo Dankwa Akufo-Addo, has directed Mr. Daniel Yao Domelevo, the Audito-General, to take his accumulated annual leave of one hundred and twenty-three (123) working days, according to the records available to the Presidency, with effect from Wednesday, July 1, 2023.
The statement by the president indicated that “the decision to direct Mr. Domelevo to take his accumulated leave is based on sections 20(1) and 31 of the Labor Act, 2003 (Act 651), which apply to all workers, including public office holders such as the Auditor-General.’’
“According to the Act, a worker is entitled to annual leave with full pay in a calendar year of continuous service, which cannot be relinquished or forgone by the worker or the employer,’’ the statement noted.
Nine civil society organizations, including the Center for Democratic Development (CDD), filed a lawsuit against the Attorney General over the directives.
Per the court ruling today, Wednesday, May 31, 2023, the directive by the president is null and void.
A snippet of the court ruling monitored by 1Family Radio indicated that the decision by the president to appoint an acting Auditor-General was also unconstitutional.