High court cites Auditor General for contempt in Kroll surcharge case Featured

By News Desk January 21, 2020 551 0

An Accra high court has cited Daniel Yaw Domelevo, the Auditor General, for contempt for refusing to file the documents based on which he surcharged the Senior Minister, Yaw Osafo-Maafo, and four others.

Mr Osafo-Maafo and four other public officials filed an appeal at the court registry, asking it to set aside the AG’s decision on disallowance and surcharge against them.

Upon the appeal being served, the AG was required to file the documents on which he based his decision, and reply to the appeal within 14 days of service.

Claims malice

In compliance with the law, the Senior Minister and the four others filed an application for contempt to commit Mr Domelevo to prison or for the imposition of any other punishment.

According to the applicants, “The refusal of the respondent to file in particular the documents on which he based the purported decision against us exposes his contrived scheme deliberately fashioned to achieve his own invidious agenda and also with a view to prevent the Honourable Court from efficiently ascertaining the full circumstances of our case and effectually ruling on it in terms of Order 54A Rule (1) and (2) of CI 47 pursuant to amendment by CI 102.”

They add: “The refusal of the respondent to file the relevant documents and a reply contrary to the relevant provisions of the law is a confirmation of our conviction that the respondent, in taking the decision against us and the subsequent resort to media propaganda to damnify us and disparage our hard-earned reputation, was actuated by malice and lack of good faith and without any legal basis whatsoever.”

Plea

They therefore pray the court to agree with them that the Auditor General’s conduct “clearly amounts to a gross contumacious disrespect to the authority and sanctity of the law and therefore ought to be punished in accordance with the law”.

The applicants are also asking the court to make consequential orders, including setting aside the respondent’s impugned decision.

Rate this item
(0 votes)

Leave a comment

Latest Tweets

NPP CONDEMNS POLICE ATTACK ON LAW STUDENT PROTESTERS: The New Patriotic Party yesterday condemn... https://t.co/axawaALrgn
“GHOST OF SADA” HAUNTS MAHAMA: NORTHERN DEVELOPMENT AUTHORITY EXPOSES ROTTEN $9.5M TRICYCLE DEAL: https://t.co/RA9a4fhTtY
PRESIDENT LAUNCHES NATIONAL PLAN FOR FIGHTBACK AGAINST PLASTIC WASTE: With plastic pollution be... https://t.co/ZAwJ4LRh5Q
Follow The New Statesman on Twitter