Supreme Court orders Auditor General to surcharge public officers
The Supreme Court has ordered the Auditor- General to surcharge anyone that it founds to have misappropriated public funds.
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Per the court judgement, the Auditor General must act on its annual report and take steps to retrieve any public fund found to have been misappropriated.
Graphic Online's Emmanuel Ebo Hawkson reported from the Supreme Court on Wednesday morning that, the judgement by the seven - member panel was in relation to a case filed by pressure group, OccupyGhana.
Occupy Ghana sued the Attorney General and the Auditor General for refusing to surcharge persons who are said to have misappropriated monies belonging to the state to the tune of over GHc40 billion.
The Supreme Court on Wednesday morning granted all the reliefs that OccupyGhana, sought with respect of the Auditor-General's powers of disallowance and surcharge.
According to the Court, the Auditor-General must also take steps to recover all amounts lost to the state, and this covers private persons.
In addition, the Attorney-General must ensure enforcement of the orders including criminal prosecution where necessary.
These orders, according to the Supreme Court, was done notwithstanding the goodwill shown by the present Auditor-General, Mr Daniel Domelevo.
OccupyGhana, had started a campaign against the attitude of the Auditor-General whom it accused of not applying the law and protecting the public purse.
According to the pressure group, every year, the Auditor-General finds many instances of misapplication of state funds by public officers, yet nobody is held accountable or punished, even though the Auditor-General has the power to disallow expenditures which were not in conformity with the law and to surcharge those responsible.
The group after engaging the Auditor-General and realising the Auditor-General didn't appear willing or capable of doing this therefore took the matter to the Supreme Court.
OccupyGhana v. Attorney-General (Suit No. J1/19/2016)
Reliefs Sought:
(1) That upon a true and proper interpretation of Article 187(7)(b)(i) of the Constitution, the Auditor-General is bound to issue a disallowance or surcharge where there has been any item of expenditure on behalf of the Government that is contrary to law, so that the amount unlawfully expended is recovered from the person who was responsible for, or authorised, the expenditure disallowed;
(2) That upon a true and proper interpretation of Article 187(7)(b)(ii) of the Constitution, the Auditor-General is bound to issue a disallowance and surcharge where any person fails to bring any sum into Government account, so that the amount is recovered from the person by whom the amount should have been brought into account.
(3) That upon a true and proper interpretation of Article 187(7)(b)(iii) of the Constitution, the Auditor-General is bound to issue a disallowance and surcharge where the Government suffers or incurs a loss or deficiency through the negligence or misconduct of any person, so that the value of the loss or deficiency is recovered from that person (whether or not a public servant);
(4) That the failure, refusal or neglect by the Auditor-General to every issue any disallowances and surcharges in respect of (i) unlawful items of expenditure, (ii) amounts not brought into account, and (iii) losses and deficiencies incurred through negligence and misconduct as set out in successive Reports of the Auditor-General issued since the coming into force of the Constitution are violations by the Auditor-General of his/her obligations under the Constitution; and
(5) That the Auditor-General be ordered to issue disallowances and surcharges to and in respect of all person and entities found in successive Reports of the Auditor-General to have been responsible for or to have authorised unlawful items of expenditure, not bringing sums into account or having caused loss or deficiency through negligence or misconduct, in accordance with Article 187(7)(b) of the Constitution.