According to him, under section three of the Special Prosecutor’s Act, the Office can investigate alleged corruption and corruption-related offences, which are submitted to Parliament and the Attorney General by the Audit Service.

[contextly_sidebar id=”mfKcP9S3m2AO7YgjSsOfwFXR4Obr9rNA”]He added that given the extensive mandate of the Special Prosecutor, it is imperative that they allow the new Office to commence its work fully in order to assess its capacity.

Mr. Domelevo had earlier placed a request to the Attorney General for prosecutorial powers to enable his outfit deal with persons and institutions indicted in the annual audit reports.

However speaking on Point Blank Eyewitness News on Monday, Mr. Domelevo said: “Even that position I’ve relaxed it a bit because of the coming into office of the Special Prosecutor. I want the Special Prosecutor to also take off and let us see. For all you know, he may have enough capacity to cover the cases. Section 3 of the Office of the Special Prosecutor Act actually requires that he takes some of our recommendations and prosecute so that link has been established by law. It’s good we wait a bit and see how the Special Prosecutor’s Office is going to be. If they have enough stomach and energy to drive all that, they can go ahead with prosecution.”

‘Helping hand’

News of the request from the Auditor General for the prosecutorial powers was met with widespread commendation from Civil Society and the general Ghanaian public.

Many people praised Mr. Domelevo for his desire to ensure that persons who misappropriate state funds are made to face the law.

However, after some suggestions that his request was an indictment on the Office of the Attorney General for their failure to prosecute persons cited in the audit reports, Mr. Domelevo chastised the media for exaggerating his call.

He reiterated his assertion that he wasn’t in dire need of prosecutorial powers on Eyewitness News, adding that he was merely “offering a helping hand” to the AG.

“What we want to do is to hold people accountable. To be honest, prosecution is not my responsibility. My predecessor actually applied for [prosecutorial powers]. People think I want to use my auditors to go and prosecute I have a legal department which is staffed by professional legal practitioners. When they brought it to my attention, I thought that to get them occupied and with the AG saying she has 300 instead of the 600 [lawyers] that she may need to run her office, I thought that why not ask the AG that if it pleases her, we can help in prosecution,” he said.

“But that is not something I am in dying need of. My job is to audit and I have the mandate to audit. I am only extending a helping hand to the AG. If it pleases her and she says I should come on board, then I’ll go.”

Mr. Domelevo stated that although the AG had acknowledged receipt of his request, they have not responded to it because “at the time they said they didn’t have a Board or Council which has to considerate. I hope they have it now.”

Amidu sworn in

Mr. Amidu was sworn in on Friday, February 23, 2018 at the Flagstaff House by President Akufo-Addo in the presence of the Vice President, Mahamudu Bawumia; Chief of Staff Frema Opare; Attorney General, Gloria Akuffo and other government officials.

The former Attorney General received unanimous approval from Parliament, and was widely acclaimed by the Ghanaian public for his performance at his vetting.

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Mr. Domelevo believes that when this happens, the budget will be streamlined to avoid needless expenditure.

Mr. Domelevo, since coming into office has sought to make the office more proactive in fighting illicit financial flows within the system.

In an interview on the Pointblank segment on Eyewitness News on Monday, the Auditor General maintained that an input from his office into the budget adoption process will save the country a lot of money.

“In some jurisdiction, before the budget is tabled in parliament, the Auditor General has expressed his opinion to say that he thinks some allocation is going to wasteful areas. However it does not form part of Ghana’s system, it is very necessary because if you see a pipe which is leaking why do you put more water into it. The government may need to amend the law and ask the law to give the auditor general that responsibility,” he said.

Public servants earning over GHc3,726 to declare assets

Public Servants who earn GHc 3,727 and above as salaries, will be required to declare their assets, the Auditor-General, Daniel Domelevo has said.

Explaining this, Mr. Domelovo made reference to Article 286 of the constitution, which defines who public officers are, and why they must declare their assets.

These public officers ranged from the President of the Republic to Ministers of State to Heads of Ministry or government department or equivalent office in the Civil Service.

Mr. Domelovo further noted that Act 550, which is the public office holders (declaration of assets and disqualification) Act, added to this list by defining public office to include police, prison officers, persons in government-owned companies and “any other public officer whose salary is equal to that of a director in the civil service or above.”

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Explaining this on Point Blank on Eyewitness News, Mr. Domelovo made reference to Article 286 of the constitution, which defines who public officers are, and why they must declare their assets.

These public officers ranged from the President of the Republic to Ministers of State to Heads of Ministry or government department or equivalent office in the Civil Service.

Mr. Domelovo further noted that Act 550, which is the public office holders (declaration of assets and disqualification) Act, added to this list by defining public office to include police, prison officers, persons in government-owned companies and “any other public officer whose salary is equal to that of a director in the civil service or above.”

“So the GHc 3,727 [and above] I am talking about, I have picked the salary of the director in the Civil Service. That is the minimum salary of a director in the civil service,” he concluded.

Asset declaration not only for politicians

Mr. Domelovo stressed that education would be important to make people aware of the fact that declaration of assets was not meant for only politicians vying for office.

“I’m sure a lot of civil servants, education service staff and etc, when they hear about asset declaration, they all think it is politicians’ business… I need to draw Ghanaians and fellow public servants’ attention that once your salary is equal to GHc3.727, you fall within the net and you are supposed to declare your assets.”

Limitations of Auditor General

The Auditor-General cannot sanction any public officer for failing to declare their assets.

The Commissioner for Human Rights and Administrative Justice (CHRAJ), or the Chief Justice, are the only entities that can take action against persons who fail to declare their assets upon a report from the Auditor General.

CHRAJ or the Chief Justice may take any action deemed appropriate following an investigation or admission of guilt.

It should also be noted that the Act 550, which requires the mandated public officer to submit a sealed envelope to the Auditor-General, also states that the Auditor-General has no right to open and check or verify the contents of the asset declaration form.

The constitution stipulates that only CHRAJ may open it up when there is a controversy in line with due process.

Properties to be declared

• Lands, houses and buildings;
• Farms;
• Concessions;
• Trust or family property in respect of which the officer has beneficial interest;
• Vehicles, plant and machinery, fishing boats, trawlers, generating plants; business interests;
• Securities and bank balances;
• Bonds and treasury bills;
• Jewellery of the value of ¢5 million or above; objects of art of the value of ¢5 million or
  above;
• Life and other insurance policies;
• Such other properties as are specified on the declaration for

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Mr. Domelevo said the Auditor-General’s department will now go strictly according to the law and freeze the salaries of non-compliant MMDAs.

[contextly_sidebar id=”wn8689M4fDScpMV0PTcQjKsSsuFdi8gY”]Speaking at a public lecture to mark the Audit Service’s Accountability Week, Mr. Domelevo said “One of the many difficulties we face is the time it takes for Ministries, Departments and Agencies to respond to audit observations or queries. We are no longer going to tolerate such delays as we are going to go according to the law.”

He cited Section 29 of the Audit Service Act which allows the Auditor-General to withhold emoluments and allowances of the MMDAs in question.

“Going forward, we are going to lock salaries of anyone or MMDAs that fail to reply within 30 days to our audit observations in accordance with section 29 (2) and thereafter, if the MDA fails to provide the information required, we go ahead to disallow the expenditure and surcharge the offices,” Mr. Domelevo added.

What the law says

Section 29 of the Audit Service Act says: “the Auditor-General or any authorized person acting on his behalf shall as a result of an audit conducted by him, issue observations to the Controller and Accountant-General or the management of the audited organisation and the comments made by the management shall be returned to the Auditor-General within 30 days after the receipt of the observation.”

“A person who fails or refuses to reply to the audit observations within the period specified in subsection (1) shall, if the Auditor-General so directs, have his emoluments and allowances withheld for so long as the person fails to comply,” the Act adds.

Early release of funds

At the same programme, the Vice President, Dr. Mahamudu Bawumia, assured the Auditor General’s Department that its budgetary allocation will be released on time.

This assurance was part of a pledge by the Vice President to ensure that the department does not lack any critical resources to effectively carry out its mandate.

“I can assure you Mr. Auditor General and the Audit Service board, that on our part as government, we would make every effort to provide you with the needed resources for your work. We have already demonstrated this by increasing your budget towards goods and services from GHc14 million in 2016 to GHc19 million in 2017, and almost doubling it to GHc35 million in 2018.”

“As we did in 2017, the government is committed to releasing all your budget funds in 2018, and I do acknowledge that the delays in the release of these funds will compromise your ability to meet deadlines for the submission of the Auditor General’s report to Parliament,” Dr. Bawumia said.

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This assurance was part of a pledge by the Vice President to ensure that the department does not lack any critical resources to effectively carry out its mandate.

Speaking at a public lecture to mark the Audit Service’s Accountability Week, Dr. Bawumia said just as government has been increasing its budgetary allocation as promised, the department should expect the same commitment.

“I can assure you Mr. Auditor General and the Audit Service board, that on our part as government, we would make every effort to provide you with the needed resources for your work. We have already demonstrated this by increasing your budget towards goods and services from GHc14 million in 2016 to GHc19 million in 2017, and almost doubling it to GHc35 million in 2018.”

“As we did in 2017, the government is committed to releasing all your budget funds in 2018, and I do acknowledge that the delays in the release of these funds will compromise your ability to meet deadlines for the submission of the Auditor General’s report to Parliament,” Dr. Bawumia said.

Dr. Bawumia’s remarks were in response to pleas from the Auditor General’s office to ensure that the budgetary allocation was timely.

The Vice President said the pleas from the office were heard “very well and clearly” by Abena Osei Asare, a Deputy Minister of Finance who was also at the event.

“I am sure that when she gets back to the office, the front-loading will be frontal in her mind to make sure we get these releases as quickly as possible. So [we’ll] try and make it possible this week if the funds are available.”

The Audit Service of Ghana is a constitutional body under the direction of a seven (7) member governing board. The Service is headed by the Auditor General who is mandated to audit the public accounts of Ghana and all public offices including Metropolitan, Municipal and District Assemblies, Public Corporations and Organisations established by an Act of Parliament and report the findings to Parliament.

Audit Service is therefore the monitoring and accountability organ of the state, and the Supreme Audit Institution of Ghana.

It is an oversight body that seeks to promote good governance, ensure accountability and transparency in the Public Sector and Article 187 (2) of the 1992 Constitution reaffirms this position. Thus, Audit Service is the only institution mandated by the Constitution to monitor the use and management of all public funds and report to Parliament.

However, over the years, the department has been complaining about the failure of successive governments to implement the outcome of its numerous reports which have exposed several cases of corruption and financial impropriety.

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The Auditor General (A-G), Daniel Yaw Domelevo said under section three of the Special Prosecutor’s Act, it is required that the office should be able to investigate alleged corruption and corruption-related offences, which were submitted to Parliament and the Attorney General.

[contextly_sidebar id=”KGeXxCAxIDuuWPmHNIjOaSCO0UddjzU3″]He stated that other agencies  which can take up the cases are the Commission on Human Rights and Administrative Justice (CHRAJ), Economic and Organized Crime Office (EOCO).

“Therefore, now in the course of our audit if we identify abuses or infractions, which we suspect are criminal or fraudulent, what we will do is, we will submit it to the SP. And then the SP can prosecute on our behalf,” he said.

He said the governing body of the Office of the SP is supposed to include one representative of the Audit Service, not below the rank of a Director, nominated by the Attorney General.

Mr Domelevo made this known on Friday in Accra, during a one-day seminar organised by the 2013 Year Group of the Institute of Chartered Accountants (ICA-Ghana) on the theme, “The role of the Auditor General in facilitation of the work of the Special Prosecutor”.

He argued that “if the office of the Auditor General should limit the fight against corruption to only what auditors could do, (that is reporting, disallowing and collecting the money); people would still play games with public funds”.

“Because remember, there is a likelihood that audit may not be able to identify that offence. So people will still like to play games with it,” he said.

The A-G therefore called for the protection of the public fund, stating that “when we have detected abuse of public funds and collected it, that should not end there, we need to punish the offenders.”

He announced that there was a team in place to audit all road and building construction projects.

Mrs Diana Yarboi, the President of the 2013 Year Group of the ICA – Ghana, said they thought it necessary to organise the programme because, according to her, there was a link between the work of the AG and that of the SP.

Mr Christian Sottie, the President of the ICA – Ghana, said the AG’s decision to establish a Construction Audit Unit was a laudable idea.

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While emphasizing that the auditors are fallible hence the need for parliament’s rigorous scrutiny to ensure the information provided is accurate, he said the “disturbing development” of leaking the report undermines the power of Parliament.

Speaking at a book launch “Destiny and Politics; A Biography in Honour of Samuel Sallas-Mensah,” Doe Adjaho mentioned that the findings from the Audit Service are not sacrosanct hence the possibility of it being challenged.

“My understanding of the law and best parliamentary practice is that prior to publication, audit reports must be laid in parliament, these reports are subsequently referred to the public accounts committee for consideration and reported to the whole house. Yet in recent times, we read in the media about reports, but when you try to get a copy from parliament you’re told it has not been laid,” he said.

“The truth is that, auditors also do make mistakes. My position is that, we should at all cost resist the temptation to leak audit reports which may not necessarily be final on the matter before the reports are laid in the House… Interestingly, these reports are generating public discourse ahead of the consideration and examination of parliament. This is wrong and impugns on the work of the public of the public accounts committee,” he added.

The 2016 Auditor General’s report on MDAs, although yet to be laid before Parliament, is within the public domain and has generated a lot of public discussions over the past few days. The Auditor General, Daniel Domelevo, has also made some public utterances about the report including suggestions that he be given prosecutorial powers.

But Doe Adjaho warned that there could be dire consequences when documents are leaked.

He however called on the Auditor General to be firm and “play by the rules” even in the face of public pressure and political enthusiasm.

In attendance at the book launch were some past and present Members of parliaments as well as members of the opposition National Democratic Congress (NDC) including Former Finance Minister Seth Tepker, Moses Asaga and Rashid Pelpuo.

Doe Adjaho, who wrote the foreword to the book and also formally launched the biography, described Mr. Samuel Sallas-Mensah as a “good friend and former colleague and one of the distinguished and finest members of parliament in the 4^th republic who served Ghana dutifully”.

He also credited Samuel Sallas-Mensah for his work in ensuring that the Public Accounts Committee sittings were televised.

‘100,000 endowment fund’

The book launch also saw the launch of a ¢100.000 endowment fund to support needy but brilliant students from two district assemblies: Upper West Akim and West Akim Municipal Assembly.

Samuel Sallas-Mensah described the book launch as one of the cherished moments of his life. Recounting his days growing up and struggles to get education, he pledged that proceeds made out of the sale of the book will go into the fund which will be managed by a trust.

He also expressed his appreciation to the NDC and his constituents for the support over the years.

Sallas-Mensah further urged members of the party to keep upholding the values of accountability and integrity.

The 155-paged biography, titled ‘Destiny and Politics’, was written by CNN-Award winning journalist, Kofi Akpabli.

About Sallas-Mensah

Sallas-Mensah was the Member of Parliament for Upper West Akim for four terms and the former Chief Executive Officer of the Public Procurement Authority (PPA).

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Delivering his second State of the Nation Address in Parliament on Thursday, the President also emphasized the need for government to “treat the Auditor General’s report seriously.”

[contextly_sidebar id=”YYLnGE7n0YW4ASg3qkvCaOk9nsX2uq2D”]His call comes on the back of revelations from a 2016 audit of the finances of the various ministries, department and agencies, which revealed that some state agencies engaged in unlawful monetary practices.

The Auditor General disclosed that, some GHc5.4 billion was wrongfully paid to contractors, and other service providers by officials at the various ministries between 2014-2017.

Commenting on revelations from the report, the President indicated that, the total amount of monies siphoned could have been used to undertake various developmental projects.

“Year in year out, the nation’s Auditor General produces a report on our public finances. It is often full of grand cases of corruption in our public service. The Auditor General’s report on MDA liabilities as at 31st December 2016 makes truly alarming reading.”

“Everyday, we hear reports on our radio and television of dilapidated classrooms and children who sit on floors. Just think of the difference the 5.4 billion cedis will make to the nation’s finances. That will certainly be enough to build and furnish hundreds of classrooms and construct the Eastern Corridor Roads. Every citizen is affected by acts of corruption,” said the President.

Surcharge officials

The Supreme Court in June 2017 ordered the Auditor General to, with immediate effect; begin surcharging persons found to have misappropriated monies belonging to the state.

The order was secured after a suit filed by pressure group, Occupy Ghana in June 2016.

62 firms surcharged by Auditor General to cough up nearly Ghc9m

The Auditor General subsequently in December 2017, announced that it has surcharged 62 organisations for receiving payments from the state without any documentation as proof.

The surcharge certificates totaling GHc8,886,791.9101742 according to the Auditor General, was for the period between December 31, 2013 and December 31, 2015.

The companies, mostly private organisations, also included some state institutions and staff of some government agencies.

In a release by the Auditor General’s office, it said that efforts to track down the listed companies had been fruitless forcing them to publish their names.

Give me powers to prosecute – Auditor-General

The Auditor General, Daniel Domelevo, has requested for more powers from the Attorney General to enable his outfit prosecute persons indicted in its annual report.

This call was supported by some persons, including a member of Pressure Group, Occupy Ghana, Ace Ankomah.

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According to Domelevo, he is not in “dire need” of such powers as being speculated.

“That is just a request we have made to the Attorney General. It is not something I am dying for. I’m not in dire need of prosecutorial powers, that is not my job. My job ends with audit.”

[contextly_sidebar id=”iJ39FbcDYfJxXjKLzxzzFxiGBxfYVyXm”]“If there is a need and the Attorney General wants to extend that power to me, I will help. So it’s not like when we don’t get that power from the Attorney General, we cannot function as auditors. It is being played out of proportion by the media,” he added in an interview on the Citi Breakfast Show on Tuesday.

David Domelevo at a press conference on the back of revelations from a 2016 audit of the finances of the various ministries, departments and agencies, which revealed that some state agencies engaged in unlawful monetary practices, said “…if a fiat is given by the Attorney General to Audit Service just like it has been given to the police and others to prosecute…which I have actually applied for, you will see me in action.”

Speaking on the Citi Breakfast Show on Tuesday, Mr. Domelevo said he feels bad about the media reports.

“They’ve also made me feel bad like it is the media against the Attorney General. So it’s not like when we don’t get that power from the Attorney General, we cannot function as auditors. It is being played out of proportion by the media,” he added.

GHc5.4 billion wrongfully paid

A 2016 audit of the finances of the various ministries, departments and agencies, had revealed that some state agencies engaged in unlawful monetary practices.

The Auditor General had also earlier disclosed that, some GHc5.4 billion was wrongfully paid to contractors and other service providers by officials at the various ministries between 2014-2017.

Domelevo said he has disallowed such payments, and has recommended prosecution of the officials who presided over same.

Ace Ankomah backs prosecutorial powers of Auditor General

Reports of Mr. Domelevo’s request have been supported by some anti-corruption crusaders who believe such powers will help protect the public purse.

A member of pressure group, Occupy Ghana Ace Ankomah, backed the request.

According to Ace Ankomah, this request, when granted, will empower the Auditor General not only to surcharge corrupt officials, but also prosecute them.

“Right now, his powers are limited to disallowing and surcharging, but if you read the reports from the Auditor General from over the years, you will weep at the blatant theft, the falsification of certificates, the fraudulent practices in the Auditor General’s report.”

Don’t give him any power

But another member of Occupy Ghana and financial analyst, Sydney Casely-Hayford, said the Auditor General does not need such powers.

According to him, the Auditor General should instead put pressure on the Attorney General to prosecute persons indicted in the audit report.

Surcharge officials  

The Supreme Court in June 2017 ordered the Auditor General to, with immediate effect; begin surcharging persons found to have misappropriated monies belonging to the state.

The order was secured after a suit filed by pressure group, Occupy Ghana in June 2016.

62 firms surcharged by Auditor General to cough up nearly Ghc9m

The Auditor General subsequently in December 2017, announced that it has surcharged 62 organisations for receiving payments from the state without any documentation as proof.

The surcharge certificates totalling GHc8,886,791.9101742 according to the Auditor General, was for the period between December 31, 2013 and December 31, 2015.

The companies, mostly private organisations, also included some state institutions and staff of some government agencies.

In a release by the Auditor General’s office, it said that efforts to track down the listed companies had been fruitless forcing them to publish their names.

Click below for the Auditor General’s interview on the Citi Breakfast Show:

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Speaking on the Citi Breakfast Show on  Tuesday, Mr. Domelevo said he was content with the Auditor-General’s powers to surcharge and disallow expenditure, per Article 181 of the constitution.

[contextly_sidebar id=”oajSU76iNgCDZLxFTM5iH8gxO4ONN5mm”]”That is just a request we have made to the Attorney-General. It is not something I am dying for. That is not the main job of the Auditor General. My job is to audit and that is what I am doing,” the Auditor General stated.

The said remarks on prosecutorial powers were made at a press conference where Mr. Domelevo noted that, a 2016 audit of the finances of the various ministries, departments and agencies, revealed that some state agencies engaged in unlawful monetary practices.

Though he also said he had applied for such powers, Mr. Domelevo said he was well aware the mandate of prosecution lies with the Attorney-General’s office, and was simply asking if lawyers in his office could help with prosecution when necessary.

“I have just made a request to my Attorney-General that if it is possible for the lawyers in my office to help in prosecuting some the cases. It is not as if I don’t get that authority or power from Attorney-General, we cannot function as auditors. From my point of view, it is being played out of proportion by the media.”

62 firms to cough up Ghc8.8m

Mr. Domelevo further reminded that, the essence of his press conference on Monday was “to explain the liabilities that we have audited, what we have found wrong, what we have found right to people. That just came as a side comment and it is attracting too much attention for my liking. I am not in dire need of prosecution powers.”

The Auditor-General in December 2017, announced that it has surcharged 62 organisations for receiving payments from the state without any documentation as proof.

The surcharge certificates totalling GHc8,886,791 was for the period between December 31, 2013, and December 31, 2015.

The companies, mostly private organisations, also included some state institutions and staff of some government agencies.

In light of these, Mr. Domelevo stressed that prosecution and other disciplinary measures were key to curbing financial malfeasance.

“The biggest problem of financial management is that there are no consequences for infractions. People do that and they get away with it… but if you do it and you don’t get away with it, you will think twice and people who want to do it will also think twice.”

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