OCCUPYGHANA®️ LBG SEEKS CLARIFICATION FROM THE SUPREME COURT REGISTRAR ON THE STATUS OF MENSAH V AUDITOR-GENERAL & OTHERS

23 May 2022
 
OCCUPYGHANA®️ LBG PRESS STATEMENT
 
OCCUPYGHANA®️ LBG SEEKS CLARIFICATION FROM THE SUPREME COURT REGISTRAR ON THE STATUS OF MENSAH V AUDITOR-GENERAL & OTHERS
 
On 23 May 2022, OccupyGhana®️ wrote to the Registrar of the Supreme Court to ask #about# why the case titled MENSAH V AUDITOR-GENERAL & OTHERS appears to have stalled since OccupyGhana®️ filed its Amicus brief on the matter. It might be recalled that on 25 September 2020, OccupyGhana ® applied to the Supreme Court for leave to file an Amicus Curiae Brief in that case. On 20 October 2020, the Supreme Court heard the application and kindly granted it; and on 26 October 2020, we duly filed the Brief.
 
We filed the Brief, believing that we could contribute and hopefully assist the Court in resolving the issue surrounding the interpretation of article 187(7)(a) of the Constitution, specifically, whether words ‘in the performance of his functions under this Constitution or any other law the Auditor-General… shall not be subject to the direction or control of any other person or authority,’ in article 187(7), are in any way circumscribed. 
 
The Constitution uses the same words to grant independence to the Judiciary itself (article 127), the Electoral Commission (article 46), the National Media Commission (article 172), the Public Services Commission (article 198), the Commission on Human Rights and Administrative Justice (article 225), the National Commission on Civic Education (article 234) and the Lands Commission (article 265). We believe that Ghana needs these offices to be sufficiently empowered and independent of the Executive and Legislature. 
 
Specifically, the Auditor-General needs that independence to perform the functions of the office, particularly to issue, enforce and defend required Disallowances and Surcharges, that the Supreme Court has described in OCCUPYGHANA V ATTORNEY-GENERAL as ‘the way forward.’ We also hoped that through the Brief, we could contribute to the search and fight for a truly independent Auditor-General who can exercise all the powers and perform the functions (especially Disallowance and Surcharge) without fear, favour or interference from any quarter.
 
However, the progress of the case appears to have stalled and there is precious little that OccupyGhana®️ can do to move it forward because we are not parties to the action. That is why we have been compelled to write to the Registrar of the Court seeking clarification on why the matter is not being heard.
 
We urge Ghanaians not to forget about this case but continue to be interested in the constitutional issues that it raises, and then expect the Court to speak on and resolve this matter once and for all.
 
Still in the service of God and Country
 
OccupyGhana®️ LBG