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In The Matter of Osafo Maafo, Kroll & Associates...Auditor-General Cited For Contempt   
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The Auditor-General, Daniel Yao Domelevo, has been cited for contempt of the High Court in an application file by Yaw Oppong, counsel for Senior Minister Yaw Osafo-Maafo, in relation to what the former claim to be breaches of the Public Procurement Act (PPA) that resulted in their payment of US$1m to a private firm, Kroll and Associates.

This follows the respondent's refusal to file in court the documents based on which he surcharged the Senior Minister and four other public officers contrary to clear provisions of the applicable law.

The A-G had concluded that Kroll was paid for no work done, following what he said was the persistent failure of the Senior Minister to provide proof of actual work done.

Consequently, the A-G recommended Disallowance of the payment of the US$1m to Kroll and Associates, which the government, through the Ministry of Finance paid.

The Senior Minister and four other public officers filed an appeal at the Registry of the High Court, Accra in which they asked the court to set aside the AG’s decision on disallowance and surcharge against Mr. Yaw Osafo -Maafo and the four.

Upon service of the appeal on the AG, he was required to file the documents on which he based that decision in addition to reply to the appeal 14 days after service on him of the appeal.

A search conducted at the High Court Accra on 14th Jan 2020 has revealed that the AG was served with the appeal on 13th Dec 2019, but has refused to comply with the law by not filing the said documents.

By the law, the failure to file such documents 14 days after service of the appeal constitutes a contempt of the High Court.

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

According to the applicants, “the refusal of the respondent (the Auditor-General ) 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 that “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, he was actuated by malice and lack of good faith and without any legal basis whatsoever”.

They are therefore praying the court to agree with them that the conduct of the AG “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 the setting aside of the impugned decision of the Respondent.

Documents Attached...

Source: King Edward Ambrose Washman Addo/Peacefmonline.com/Ghana

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