The Supreme Court has struck out an injunction application seeking to stop Mr Johnson Akuamoah Asiedu from acting as Auditor-General.
A seven-member panel of the court struck out the application filed by Professor Stephen Kwaku Asare, a lawyer based in the USA, who is in court challenging President Nana Akufo-Addo’s directive for Mr Dominic Domelevo, the substantive Auditor-General, to proceed on leave.
The interlocutory injunction application was struck out after lawyer for the plaintiff, Mr Eric Alifu , withdrew it.
That was after the court ruled that the Acting Auditor -General and the substantive Auditor -General whose names were listed as defendants to the suit were not proper parties.
According to the court, the suit is challenging the constitutionality of the action of the President and therefore the only defendant must be the Attorney-General .
The seven-member panel was presided over by Justice Jones Doste with Justices Paul Baffoe -Bonnie , Yaw Appau , Samuel K Marful Sau, Nene Amegatcher and Lovelace Avril Johnson as members.
With the injunction struck out, the apex court will now proceed to hear the substantive case.
Professor Asare is in the Supreme Court challenging the constitutionality of the President directive for Mr Domelevo to proceed on leave.
It is his case that the directive by the President is inconsistent with Article 187 of the 1992 Constitution.
According to the plaintiff, except for the compulsory retirement age of 60 years, the tenure of the Auditor-General cannot be disturbed by a Presidential directive.
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