Auditor General Daniel Domelevo was found guilty of contempt for not responding to the lawsuit filed against him by Senior Minister Yaw Osafo Maafo challenging the $1million Disallowance and Surcharge on him.
Hon Osafo Maafo and four others at the Ministry of Finance were accused by the Auditor General for bleach of Public Procurement Act (PPA) which led to the payment of $1 million to a UK firm Kroll and Associates.
The Auditor-General had challenged the Senior Minister of making the payment to the firm without any service rendered and hence imposed a disallowance and surcharge on the Minister.
But the Minister resorted to the court to clear him of any wrongdoing citing that Mr Domelevo “erred in law and professionalism of his duty in the auditing of the payment to Kroll and Associates Limited.”
Mr Demelevo failed to respond to the lawsuit filed against him by the Senior Minister.
According to the court, the reason given by Mr. Domelevo for his inability to respond was “untenable and an afterthought.”
Domelevo said that he was busy preparing an audit report for Parliament and therefore could not respond to the lawsuit.
In her decision, Judge Botwe said that given the Auditor General’s important role, she will choose to be cautious and release him rather than sentence him.
she also said that the law that requires the Auditor General to respond to his appeal of surcharge within 14 days is a good law.
He also said that the evidence before the court showed that Domelevo was well served and should have done the right thing.