Renowned legal practitioner, Dr. Sontin Tobiga, has downplayed the impact of the 30-day ultimatum given to the Auditor-General to recover all stolen and unaccounted for monies from public officials and institutions.<\/p>\n
According to him, the call should have been directed through the Attorney General since she represents government on all legal matters.<\/p>\n
Occupy Ghana on Wednesday issued the ultimatum<\/strong><\/span><\/a> to the Auditor-General to retrieve monies from officers or institutions that fail to properly account for public funds as has been documented in its various reports.<\/p>\n [contextly_sidebar id=”fdWSeDBwtsw6aNMvCrwuSEyDW8347bdd”]The group \u00a0warned that failure to comply will necessitate a legal action against the Auditor General.<\/p>\n But in an interview with Citi News,<\/strong> Dr. Tobiga argued that though the intention maybe noble, \u00a0the quest may fail due to the processes adopted.<\/p>\n He pointed out that the nation\u2019s constitution stipulates that the Attorney General who represents the state handles all legal cases brought against the government therefore, \u201cif you want to sue any government or any government controlled entity, you will have to sue through the Attorney General and this is a basic approach in our constitutional provision.\u201d<\/p>\n He counseled Occupy Ghana to go through the Attorney General if it is thinking of taking any legal action which involves the government of the day.<\/p>\n Dr. Tobiga acknowledged that \u201cit is always good\u201d when there is an attempt to expand the law through experimentation \u201cso any action which will promote the public interest through clarification, interpretation or other matters that extend the legal horizon, it\u2019s always good.\u201d<\/p>\n \u201cBut again, we must look at the facts that will be involved,\u201d he added.<\/p>\n But another private legal practitioner, Nana Asante Bedietuo insists the call and the processes being used by Occupy Ghana is based on the law.<\/p>\n “There is a legal basis for it\u2026where anybody or any public official has a public duty to do, any citizen can go to court; particularly if the citizen is affected and get a writ of what is known as a writ of mandamus to compel the public official to do an official duty,\u201d he explained.<\/p>\n <\/p>\n By: Efua Idan Osam\/citifmonline.com\/Ghana
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