The general secretary of Ghana’s main opposition party the National Democratic Congress (NDC) has filed a lawsuit challenging the continuous stay in office of the auditor general. Johnson Asiedu-Nketia’s suit comes a day after the public accounts committee of parliament wrote a memorandum to the speaker contesting the constitutionality of Duah Agyemang's continued stay in office. He is also asking the court to restrain Agyemang from holding himself out as the auditor-general.
Asiedu-Nketia said he filed the lawsuit because of what he described as the unconstitutional stay in office of the auditor general.
“I hold the view that his appointment is unconstitutional and illegal, and it should be annulled… our constitution stipulates that you cannot be appointed into the civil service after attaining the age of sixty years. The man in question was born on 22nd of October 1939… he has over stayed his welcome,” he said.
Asiedu-Nketia hoped his lawsuit would stop what de called a violation of the constitution.
“There is nothing like a political malice in this case, because the president had sworn to uphold the constitution of the republic of Ghana. And I want to believe that a clear clause that disqualifies people from being appointed who are above the age of sixty is one cardinal principle, which the president needs to uphold… I do not know what political gain I stand to gain from such a move, besides the point we ant to make that we want to respect the laws of this country,” he pointed out.
He said his action, if upheld by the court, would keep the records straight.
“It is in the interest of the government and every Ghanaian that the position of the auditor general is secured enough for him to be able to take an independent decision. So if you have an auditor general whose appointment is defective, it means that he remains at post at the pleasure of the existing government,” Asiedu-Nketia noted.
Asiedu-Nketia said the fight against graft would be compromised if the auditor general remains in office.
“So long as the defect of his age exists, then he can be removed at anytime. And therefore he is incapacitated in exercising the level of independence in dealing with the accounts of the state,” he said.