You have no right to investigate me – Auditor General to EOCO

Source The Ghana Report/Sefanam Agbobli

The Auditor General, Daniel Domelovo is challenging the power of the Economic and Organized Crime Office (EOCO) to investigate him for alleged procurement breaches.

A private citizen lodged a complaint at EOCO against the Auditor-General, Mr Daniel Yao Domelevo; the Deputy Auditor General (Finance and Administration), Mrs Roberta Assiamah-Appiah, and the Audit Service Board, accusing them of circumventing the procurement laws to procure some vehicles for the Audit Service in 2018.

But in a letter addressed to EOCO, Mr Domelovo said he is aware the organization has no right to investigate procurement breaches.

“A careful reading of your enabling law, the Economic and Organised Crime Act, 2010 (Act 804) as amended by the Office of Special Prosecutor Act, 2017 (Act959) and from discussions with my lawyers, I am of the firm belief that your office does not have the mandate to investigate any breaches under the public procurement Act. In fact, I am advised that the relevant provision in Act 959 which amended Act 804 is section 80 and therein, your office’s mandate to investigate corruption and corruption related offenses, which has been defined to include procurement breach., has been taken away”.

“This clearly means that your office does not have the jurisdiction to investigate corruption related offences which has been defined in Act 959 to include breaches of the public procurement Act. It is quite bizarre and unfathomable why your office would purport to be investigating procurement breaches when and in fact it does not have any legal authority to do so unless there is any hidden or ill motives behind your actions” the Auditor General said.

Mr Domelovo further gave EOCO a five day ultimatum to render an apology to him and some of his staff for unlawfully initiating investigations against them.

“I am by this letter asking you and your office to immediately stop the illegal and unlawful investigation of the alleged procurement breach and render an unqualified apology to me and staff of the Ghana Audit Service within five (5) working days from the date of receiving this letter… any continued or further investigation by your office after receipt of this letter will be fiercely contested, and my lawyers are already in the known” he warned.

Pressure group

The complaint made by the private citizen is similar to earlier demands made by Alliance for Accountable Governance (AFAG) for the removal of the Auditor General, Daniel Domelovo.

The pressure group threatened to petition President Nana Addo Dankwa Akufo-Addo to remove the Audit Service Boss over what it called procurement breaches at the Service.

It, therefore, asked the Attorney-General to commence criminal investigations into the matter and take the necessary actions against him.

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