US-based Ghanaian Law Professor, Kwaku Asare, has announced his discontinuation of a case that he had filed in connection with the Akufo-Addo government’s decision to force Auditor-General, Daniel Yaw Domelevo, to take his accumulated leave by force.
In the aftermath of the government finally graduating Domelevo’s forced leave into a forced retirement, Prof. Asare, who writes under the name Kwaku Azar, wrote that the case has become moot with the issues ending the way he had feared it would.
He points out that a miscarriage of justice has been perpetrated by the court which did not give the necessary priority attention to his suit, but rather took sides with the detractors of Domelevo, and then went on vacation.
“This morning I directed my attorney to withdraw my case against the Attorney-General (Writ no. J1/15/2020) on grounds that the issues had become moot,” Prof. Asare wrote.
“In the writ filed in July 2020, I prayed in relief 12 for the Court to grant “An expedited hearing of the motion for injunction and the substantive cause given the important financial watchdog role played by the Auditor-General and the irreparable harm that any delay will cause to the financial systems and the integrity of the Constitution.”
According to him, the Court did not grant the injunction and did not give any directives to his pleadings but adjourned the case indefinitely.
“When the Court, in a later case on the same day, recognized the Acting Auditor-General, I was alarmed as that essentially meant the Court did not only fail to act on my prayer for expedited hearing but had also taken sides by recognizing the Acting Auditor-General, a position unknown to the Constitution. Shortly after that hearing, the Court took its two-month vacation and here we are in March 2021,” Prof. Asare complained.
“As my writs make clear, any delays will cause irreparable harm to the financial systems and the integrity of the Constitution. The 9-month delay has just done what I feared and even worst.”
Auditor General, Daniel Yaw Domelevo has been forced into retirement by the Akufo-Addo government after he took on a regime grandfather, Yaw Osafo Maafo, over the corrupt payment of US$1million to a foreign company for no work done.
To get Domelevo out, the government first forced him to take an accumulated leave of 167 days and then later, when it was time to return from leave, he was informed that he was deemed to have retired because the government believes he was born in 1960 and not 1961 as is reflected on his records.
The government also branded him a Togolese.