[2023]DLSC16006 • May 31, 2023 • Supreme Court •
GHANA CENTER FOR DEMOCRATIC DEVELOPMENT & 8 ORS vs. ATTORNEY-GENERAL
The plaintiffs, civil society organizations, challenged the constitutionality of a directive from the Presidency ordering the Auditor-General, Mr. Daniel Domelovo, to proceed on accumulated leave and the subsequent appointment of Mr. Johnson Akuamoah Aseidu as Acting Auditor-General. The directive was issued in June 2020, citing the Labour Act and a precedent from 2009. The Auditor-General complied but contested the directive's legality, arguing it infringed on the constitutional independence of his office. The plaintiffs sought declarations that the directive and appointment were unconstitutional and injunctive reliefs to prevent similar future actions.
read moreJUDGMENT AMEGATCHER JSC:- INTRODUCTION The plaintiffs are civil society organisations (CSOs) respectively incorporated under the laws of Ghana. The plaintiffs issued the present writ on the 26th day of October 2020, invoking the exclusive original jurisdiction of the Supreme Court under articles 2 (1) and 130 (1) of the Constitution for the interpretation and enforcement of articles 70 (1) (b) and 71(1), 187 (3), (5), (7) (a), (8), (12), and (13) and Article 297(a) of the Constitution 1992, of Ghana. The writ, in effect, questions the constitutionality of a directive issued from the office of the Presidency, requesting the Auditor-General to proceed on his accumulated leave with immediate effect and subsequent appointment or designation of Johnson Akuamoah Aseidu as Acting Auditor-General. The plaintiffs are seeking the following reliefs per their writ: a) A Declaration that on a true and proper interpretation of Articles 70(1)(b), 71(1), 187(3), (5), (7)(a), (8), (12) and 297...