CSOs support Auditor General in EOCO investigations
Civil Society Organisations (CSOs) have thrown their weight behind the Auditor-General, Mr Daniel Domelevo, in the ongoing investigations into alleged public procurement infractions at the Audit Service.
A statement released by 20 CSOs described the investigations currently being conducted by the Economic and Organised Crime Office (EOCO) as an attempt “to teach the Auditor General a lesson.”
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“It is our considered view that at every turn of the matter, the purported procurement procedural challenge could have been cured but various state agencies decided to teach the Auditor-General a lesson,” the statement said.
The CSOs
The CSOs whose leaders signed the statement declaring support for the Auditor-General include the Ghana Anti-Corruption Coalition (GACC) ,Ghana Centre for Democratic Governance (CDD-Ghana), Ghana Integrity Initiative (GII), SEND-Ghana, Media Foundation for West Africa (MFWA), Institute for Democratic Governance (IDEG), Africa Centre for Energy Policy (ACEP), Penplusbytes Financial Accountability and Transparency-Accra (FAT-Africa) IMANI-Ghana, and the West Africa Civil Society Institute (WACSI)
Others are the Commonwealth Human Rights Initiative (CHRI), Centre for Local Governance Advocacy (CLGA), Citizens Movement Against Corruption (CMaC), Women in Law and Development in Africa (WiLDAF) ,ISODEC/CSO Oil and Gas Platform, Economic Governance Platform, Parliamentary News Africa, Africa Centre for International Law and Accountability (ACILA), Institute of Economic Affairs (IEA) and the Legal Resources Centre (LRC).
“EOCO has no mandate”
The CSOs also said the Public Procurement Authority (PPA) had already cleared the Auditor-General of any wrongdoing and it was strange that EOCO had taken up the case.
The statement said even if any investigations ought to be conducted, it was within the remit of the Office of the Special Prosecutor (OSP).
“It is strange that EOCO is investigating this matter in the first place, after the PPA had established value for money, had not found any malfeasance or dissipation of public money.
“ In fact, this sorry and potentially damaging saga will further strain the already fractious relationship between investigative and prosecutorial bodies, undermining the collaboration and coordination needed to fight corruption in Ghana,” the statement stated.
Petition
A private citizen petitioned EOCO, claiming, among others, that the Audit Service had breached the Procurement Law, Act 663, in the procurement of vehicles worth almost GH¢6.2 million.
The petitioner requested EOCO to determine whether proper procedures were followed by the Entity Tender Committee (ETC) in procuring the vehicles and recommend appropriate sanctions in accordance with the Public Procurement Act, Act 663, where necessary.
On November 14, 2019, Mr Domelevo was invited by EOCO.
He gave a statement and was cautioned and granted bail by the investigative body for further investigations into the allegation.
However, on November 18, 2019, the Auditor-General wrote to EOCO to stop probing him and his outfit, with the argument that the investigative body had no power to do so.
He, consequently, demanded an unqualified apology from the anti-graft state agency within five working days from the date of the receipt of the letter.
In his response, the Executive Director of EOCO, Commissioner of Police (ACP) Mr Frank Adu-Poku (retd), told the Daily Graphic that the Auditor-General could not put his own interpretation on the law and if he had any issues he should go to court for redress.
Suit
On November 20, 2019, Mr Domelevo filed a suit at the Accra High Court with a case that EOCO had no legal mandate to investigate alleged procurement breaches against him, any official of the Audit Service, the service itself or any public official or public institution.
According to him, it is the OSP that had the power to investigate such alleged offences.
Based on his contention, the Auditor-General has described the investigation by EOCO as “wrongful, illegal, capricious and null and void”.
He, therefore, wants the court to declare the investigations by EOCO as illegal and order a halt to the investigations.