Senior Minister, Yaw Osafo-Maafo along with three public officers at the Ministry of Finance, have filed for a court order citing the Auditor-General, Mr Dominic Domelevo, for contempt of court.
The court notice by the Senior Minister and three other public officers follows the Auditor-General’s failure to file the required documents based on which he surcharged Mr Osafo-Maafo and three other public officers over their alleged involvement in the payment of some US$ 1 million to Kroll Associates in 2018.
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The court notice requested that the respondent (Mr Domelevo) be committed to prison or be imposed with any other punishment deemed just and proper by the court.
According to the court notice filed by Mr Osafo-Maafo and the other three public officers, the refusal of the Auditor-General to submit the documents on which he based his decision to surcharge them, “exposes his contrived scheme deliberately fashioned to achieve his own invidious agenda.”
They further stated in the court notice that, the Auditor-General’s inability to file the relevant documents is a confirmation of their conviction that, he surcharging them and subsequently resorting to media propaganda to disparage their hard earned reputation was actuated by malice and lack of good faith without any legal basis or whatsoever.
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Mr Domelevo, in 2018, surcharged Mr Osafo-Maafo for superintending over the payment of some US$ 1 million to Kroll Associates by the Ministry of Finance.
According to Mr Domelevo, there was no evidence of work done by the UK-based firm, yet money was paid by the Finance Ministry.
Read details of Court Notice below:
IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE ACCRA, A.D 2020 SUIT NO.: THE REPUBLIC
VRS
DANIEL YAO DOMELEVO RESPONDENT THE AUDITOR-GENERAL OF GHANA AUDIT SERVICE, MINISTRIES – ACCRA
1. YAW OSAFO-MAAFO
OFFICE OF THE PRESIDENT ANNEX, RIDGE – ACCRA
2. MICHAEL AYESU
MINISTRY OF FINANCE MINISTRIES – ACCRA
3. ABRAHAM KOFI TAWIAH APPLICANTS
MINISTRY OF FINANCE MINISTRIES – ACCRA
4. EVA ASSELBA MENDS
MINISTRY OF FINANCE MINISTRIES – ACCRA
5. PATRICK NOMO
MINISTRY OF FINANCE MINISTRIES – ACCRA
—————————————————————————————————- MOTION ON NOTICE FOR AN ORDER TO COMMIT THE RESPONDENT TO PRISON OR FOR THE IMPOSITION OF ANY OTHER PUNISHMENT FOR CONTEMPT OF COURT – ORDER 54 A RULE 5 (1) AND (2) OF CI 47 PURSUANT TO AMENDMENT BY CI 102 —————————————————————————————————
PLEASE TAKE NOTICE that YAW D. OPPONG, Lawyer for the Applicants herein shall move this Honourable Court for the following:
a) An affirmation that the Respondent’s refusal to file the required documents and reply to the Notice and Grounds of Appeal within the mandatorily stipulated time dictated by Rule 5 (1) and (2) of Order 54 A of the High Court (Civil Procedure Rules) 2004 CI 47 pursuant to amendment by CI102, constitutes a contempt of this Honourable Court.
b) An order committing the Respondent to prison; or in the alternative for the imposition of any other punishment that this Honourable Court, may deem just and proper upon the grounds contained in the accompanying Affidavit in Support.
c) Consequential orders, including the setting aside of the Respondent’s said
impugned decision against the Applicants.
And for any other or further orders that the Honourable Court will deem meet.
COURT TO BE MOVED ON…….. THE ……… DAY OF ……………………… 2020 at 9.O’clock in the forenoon or so soon thereafter as Counsel for the Applicant may be heard.
DATED IN ACCRA THIS DAY OF JANUARY 2020
YAW D. OPPONG ESQ. LAWYER FOR APPLICANTS LAWYER’S REG.. NO. eGAR 02401/20 CHAMBERS REG. NO. ePP00554/19 TIN NO.P0003358313
THE REGISTRAR HIGH COURT ACCRA
AND FOR SERVICE ON THE RESPONDENT HEREIN, WHOSE ADDRESS FOR SERVICE IS; AUDIT SERVICE, MINISTRIES, ACCRA
IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE ACCRA, A.D 2020 SUIT NO.: THE REPUBLIC
VRS
DANIEL YAO DOMELEVO RESPONDENT THE AUDITOR-GENERAL OF GHANA AUDIT SERVICE, MINISTRIES – ACCRA
1. YAW OSAFO-MAAFO
OFFICE OF THE PRESIDENT ANNEX, RIDGE – ACCRA
2. MICHAEL AYESU
MINISTRY OF FINANCE MINISTRIES – ACCRA
3. ABRAHAM KOFI TAWIAH APPLICANTS
MINISTRY OF FINANCE MINISTRIES – ACCRA
4. EVA ASSELBA MENDS
MINISTRY OF FINANCE MINISTRIES – ACCRA
5. PATRICK NOMO
MINISTRY OF FINANCE MINISTRIES – ACCRA
AFFIDAVIT IN SUPPORT
I, YAW OSAFO-MAAFO of the Office of the President, Annex, Ridge, Accra make oath and say as follows:
1. THAT I am the 1st Applicant and the Deponent herein.
2. THAT I have the authority of the other Applicants to depose to all the matters contained herein, as same have come to my personal knowledge and honest belief as a party to the instant proceedings.
3. THAT on 11th December 2019 we caused our lawyer to file a Notice of Appeal containing inter alia, Grounds of Appeal with attached documents as exhibits on which we intend to rely on at the hearing of the Appeal, marked and attached as EXH. ‘A’.
4. A search conducted at the Registry of the High Court, Commercial Division,
Accra has revealed the following, that:
a) The Respondent was served with the Notice of Appeal (EXH.’A’) on 13th
December 2019.
b) The Respondent though duly served has refused to file the required processes mandated by law. The search report is marked and attached as EXH. ‘B’.
5. THAT we have been advised by our lawyer and verily believe the same to be true that the refusal of the Respondent to file, in particular, the documents on which he based the purported decision against us, exposes his contrived scheme deliberately fashioned to achieve his own invidious agenda and also with a view to prevent the Honourable Court from efficiently ascertaining the full circumstances of our case and effectually ruling on it in terms of Order 54A Rule 5 (1) and (2) of CI 47 pursuant to amendment by CI 102.
6. THAT we have been further advised by our lawyer and verily believe the same to be true that the refusal of the Respondent to file the legally mandated documents and reply within the stipulated time amounts to
contempt of this Honourable Court, as dictated by Rule 5 sub-rules and (2) of Order 54 A of CI 47 pursuant to amendment by CI 102.
7. THAT the refusal of the Respondent to file the relevant documents and a reply contrary to the relevant provisions of the law is a confirmation of our conviction that the Respondent in taking the decision against us and the subsequent resort to media propaganda to damnify us, and disparage our hard earned reputation, he was actuated by malice and lack of good faith and without any legal basis whatsoever.
8. THAT we have been further advised by our lawyer and verily believe same to be true that the conduct of the Respondent clearly amounts to a gross, contumacious disrespect to the authority and sanctity of the law and therefore ought to be punished in accordance with law.
9. THAT this Honourable Court is inherently vested with judicial power and jurisdiction in the circumstances of this case to make consequential orders, including the setting aside of the impugned decision of the Respondent.
10. WHEREFORE I pray the Honourable Court that the Respondent be
committed to prison, or otherwise be punished for his contemptuous conduct in accordance with law
SWORN IN ACCRA THIS
DAY OF 2020 ———————————
DEPONENT
BEFORE ME
COMMISSIONER FOR OATHS