This section states that “every worker is entitled to not less than fifteen working days leave with full pay in any calendar year of continuous service.” Section 31 of the same Act adds that “any agreement to forgo such leave is void”.
Prof Asare contends that this leave is an entitlement of the employee and cannot be forced on him by an employer.
Portions of the writ reads; “Even though disguised as a directive to take accumulated annual leave of 167 days, the directive is actually a suspension of the Auditor General who is being asked to pay for the suspension by a forced debit to his accrued vacation account”
It will be recalled that Johnson Asiedu Akuamoah was asked to act in the stead of the substantive Auditor-General.
Prof Asare says this is inconsistent with the constitution. He says Mr Akuamoah has not taken the Oath of the Auditor General and cannot be said to be acting in that position when there is a substantive A-G.
Reliefs
Prof Asare wants a declaration that except for stated grounds in article 146 of the 1992 Constitution, the Auditor-General’s tenure cannot be disturbed
by Presidential directives, whether couched as accumulated leave,
involuntary leave, suspension, interdiction, temporary removal,
disciplinary control, or however styled, and he may remain in office
until he attains the compulsory retirement age of 60 years.
Also, a declaration that the President’s directive to the Auditor-General to
hand over all matters relating to his office to Mr. Johnson Akuamoah
Asiedu is inconsistent with or is in contravention with the letter and
spirit of Articles 187(1) and 187(7)(a) of the Constitution, 1992.
Other reliefs
A declaration that the President’s appointment of Johnson Akuamoah Asiedu to act as the Auditor-General is inconsistent with or is in contravention of the letter and spirit of Articles 187(1), 187(7)(a).
An order directing the President, his agents, assigns, privies, servants
and whomsoever of whatever description to cease and desist from
issuing directives to the Auditor-General.
An order directing the President, his agents, assigns, privies, servants
and whomsoever of whatever description to cease and desist from
exercising disciplinary control over the Auditor-General.
An order directing the President, his agents, assigns, privies, servants
and whomsoever of whatever description to cease and desist from
assessing the work, including the financial administration, of the
Auditor-General.
An order directing the Auditor-General to resume performing his
constitutional functions.
An order directing Johnson Akuamoah Asiedu to cease and desist
from performing the role of an Acting Auditor-General.
An order invalidating any decisions taken by Mr Akuamoah
Asiedu subject to ratification by the Auditor-General.
An order of interlocutory injunction to restrain Mr. Johnson
Akuamoah Asiedu from performing the functions of Acting Auditor-
General, pending the final determination of the substantive suit.
An expedited hearing of the motion for injunction and the substantive cause given the important financial watchdog role played by the Auditor-General and the irreparable harm that any delay will cause to the financial systems and the integrity of the Constitution.
Any other reliefs that this Court deems necessary in the exercise of its legal
and equitable powers. Cost for court expenses and legal service fees.
