By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FmStarr FmStarr Fm
  • Home
  • Election Hub
  • General
    GeneralShow More
    Police
    Kasoa Police investigate fire outbreak that killed herbal doctor Felix Antwi Dankwa; 3 arrested
    August 12, 2026
    Parliament to sit from August 24 to 28 for urgent parliamentary business
    August 12, 2026
    Majority Leader nominee James Agalga, MCE Akogti commission 17 development projects in Builsa North
    August 12, 2026
    African leaders must emulate Mahama’s youth-centered government – Osman Ayariga
    August 12, 2026
    International Youth Day 2026: Opportunities may open the door, but preparation determines who walks through it – Antonio Asinyo
    August 12, 2026
  • Business
    BusinessShow More
    Akango, Salman, Nkroful residents appeal to Mahama over Adamus Mining lease revocation
    August 11, 2026
    June 29 flood disaster: Corporate Ghana, international community donate relief items to government
    August 10, 2026
    Lands and Mines Watch commends Lands Minister for upholding revocation of Adamus Resources mining leases
    August 10, 2026
    Lands Minister upholds revocation of three Adamus Resources’ mining leases after Inter-Ministerial review
    August 10, 2026
    Gideon Boako: IMF warns Ghana’s gold dependence leaves economy dangerously exposed
    August 5, 2026
  • Politics
    PoliticsShow More
    Parliament to sit from August 24 to 28 for urgent parliamentary business
    August 12, 2026
    Majority Leader nominee James Agalga, MCE Akogti commission 17 development projects in Builsa North
    August 12, 2026
    African leaders must emulate Mahama’s youth-centered government – Osman Ayariga
    August 12, 2026
    Mahama’s youthful government delivering excellently – Osman Ayariga
    August 12, 2026
    NDC USA Youth Organiser declares intention to contest Deputy National Youth Organiser position
    August 12, 2026
  • Entertainment
    EntertainmentShow More
    Gbese Traditional Council appoints Naomi Alabi as curator for “Oobakɛ” Experience at the 2026 Newark Homowo Festival
    August 11, 2026
    MOLIY releases highly anticipated mixtape “BADDIES <3 MOLIY”
    July 31, 2026
    History made as 77: The Festac Conspiracy premieres to sold-out crowd in Zambia
    July 20, 2026
    X Lor opens new chapter as debut EP Tornado arrives on streaming platforms
    July 10, 2026
    Samsung Ghana powers culture and creativity at 2026 UG All Dance Carnival
    July 1, 2026
  • Sports
    SportsShow More
    Black Queens reach WAFCON quarter-finals after hard-fought draw with Mali
    August 7, 2026
    Black Queens suffer defeat as Cameroon book WAFCON quarter-final spot
    August 3, 2026
    Black Queens begin WAFCON campaign with convincing 2-0 win over Cape Verde
    July 30, 2026
    Black Stars
    Ghana at 2026 World Cup: Black Stars Show Promise but Miss Cutting Edge
    July 27, 2026
    Late Argentine comeback ends England’s dream, sets up World Cup final against Spain
    July 16, 2026
  • Technology
    TechnologyShow More
    NYA CEO urges youth to use social media for positive change, not violence
    August 12, 2026
    2026 National Youth Conference: Osman Ayariga calls on youth to harness technology for development
    August 11, 2026
    IGNITE Social Enterprise appoints Bola Ray to Global Advisory Board as it expands into Sub-Saharan Africa
    August 10, 2026
    AngloGold Ashanti Iduapriem commissions $750,000 AI and Smart Systems Centre at UMaT
    July 29, 2026
    Sambus Geospatial MD calls on Ga Mantse ahead of ESRI Conference West Africa 2026
    July 28, 2026
  • International
    InternationalShow More
    June 29 flood disaster: Corporate Ghana, international community donate relief items to government
    August 10, 2026
    Korea commits US$38 million to strengthen Digital STEM education in Ghana
    July 8, 2026
    QNET joins EOCO, INTERPOL regional workshop to strengthen cross-border action against human trafficking and fraud
    July 8, 2026
    High Court dismisses Abu Trica’s emergency application to halt extradition to US
    July 6, 2026
    Ghanaian students abroad to convene global forum on national development
    July 5, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: Kroll ruling: High Court drank from poisoned lake – Kwaku Azar
Share
Notification Show More
Font ResizerAa
Starr FmStarr Fm
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
HeadlinesPolitics

Kroll ruling: High Court drank from poisoned lake – Kwaku Azar

Starrfm.com.gh By Starrfm.com.gh Published October 30, 2020
Share
Auditor General Daniel Domelevo
Former Auditor General Daniel Domelevo
SHARE

Lawyer and Accounting Professor, Stephen Kwaku Asare, known widely as Kwaku Azar, has expressed worry over the High Court ruling which struck out a $1 million surcharge against Senior Minister Yaw Osafo-Maafo and others in the Kroll contract.

According to him, the ruling is dangerous to constitutionalism and harmful to the reputation of President Akufo-Addo.

“This is worsened by the fact that there was a pending case before the Court challenging the constitutionality of the Deputy AuG acting as AuG. Was the Court’s recognition of the Acting AuG prejudicial to the pending case? You be the judge of that!
“Having so erred, the apex Court left the Asare-Botwe high court no option but to drink from the poisoned lake and take the Deputy AuG’s testimony on the disputed evidence.
Few will take seriously the proposition that the Acting AuG’s evidence on this matter was free from bias. Under the circumstances of his “appointment,” his independence in appearance, if not, in fact, was compromised irreparably. It does not help this threat to independence when evidence that was not available and had become the basis of a surcharge suddenly appears when the AuG is disabled and an Acting AuG is enabled!!,” he wrote in a Facebook Message.
“This sordid affair sets constitutionalism back by decades and will, or at least should, occupy the minds of many, who are concerned with the rule of law. In the premise, my uncle and Kroll won a pyrrhic victory, his excellency laid his bed in the dark pages of our constitutional history, and the Court reminded us that Akoto never dies! Sadly, independent constitutional officers, current and potential, will learn the wrong” he added.

Surcharge

In 2017, the Senior Minister, on behalf of the government, signed a contract with Kroll and Associates for the firm to do value-for-money auditing on some projects, identify wrongdoers and recover the assets of the said wrongdoers.

Kroll was reportedly paid $1 million.

However, following an audit of the accounts of the Ministry of Finance, the Auditor-General came to a conclusion that Kroll and Associates had been paid for no work done.

Acting under the powers granted him under Article 187 (7) (b) of the 1992 Constitution, Mr Domelevo surcharged the Senior Minister, the four officials of the Ministry of Finance and Kroll and Associates GH¢5,510,353.73.

Appeal

Pursuant to Article 187 (9) of the 1992 Constitution, Mr Osafo-Maafo and the four officials of the Ministry of Finance challenged the surcharge and filed an appeal at the Accra High Court on October 22, 2019.

Counsel for the five appellants, Mr Yaw Oppong, argued that the Auditor-General failed to observe due process, and that he also failed to act within the remit of the law before issuing the surcharge.

It was the case of counsel that the Auditor-General acted “unreasonably, capriciously, maliciously and in blatant violation of his duty as a public officer” because he (Auditor-General) failed to inspect the evidence of work done by Kroll and Associates, as requested by the Senior Minister when the notice of intention to surcharge was issued.

The appeal was also grounded on the basis that the Auditor-General did not give the appellants a fair hearing, as he failed to serve them with the audit observation containing the said breaches that led to the surcharge.

On December 29, 2019, Kroll and Associates also filed a similar appeal against the surcharge on similar grounds and also pleaded that the firm could not be faulted for whatever sins were allegedly committed by the government of Ghana that led to the surcharge.
The court decided to consolidate the two appeals into one.

Court reasons

In her decision, Justice Asare-Botwe upheld all the grounds of appeals.

According to her, evidence on record proved that on October 8, 2019, the Senior Minister wrote to the Auditor-General that evidence proving that Kroll and Associates actually worked were available and, therefore, officers of the Audit Service could inspect and study it.

She said the Auditor-General, after receiving the letter, failed to inspect the evidence and rather went ahead and issued the surcharge and disallowance.

“No reason was given for the refusal, and nothing else was heard from the respondent (Auditor-General) other than the issuance of the notice that has culminated in these appeals,” she held.

It was the view of the court that the office of the Auditor-General eventually agreed to inspect the evidence after the matter had been referred to the Supreme Court, and “they expressed satisfaction with the work done”.

“It is clear, then, that had the respondent (Auditor-General) not been hasty, and had the respondent’s office taken up the offer to inspect the documents which would be made available for inspection, the whole issue of whether or not work had been done would have been resolved without this convoluted and tortuous legal battle,” Justice Asare-Botwe held.

According to the court, the agreement by the office of the Auditor-General to inspect the documents detailing evidence of work done by Kroll and Associates “was an acknowledgement” of failure on the part of the Auditor-General.

 

Source: Graphic

You Might Also Like

Kasoa Police investigate fire outbreak that killed herbal doctor Felix Antwi Dankwa; 3 arrested

Parliament to sit from August 24 to 28 for urgent parliamentary business

Majority Leader nominee James Agalga, MCE Akogti commission 17 development projects in Builsa North

African leaders must emulate Mahama’s youth-centered government – Osman Ayariga

Mahama’s youthful government delivering excellently – Osman Ayariga

TAGGED:auditorcourtdomelevokrollosafo-maafo
Share This Article
Facebook Twitter Email Print
Share
Previous Article Kroll deal: Court clears Osafo-Maafo, others in $1m surcharge
Next Article Cletus Avoka attacked by armed robbers in Zebilla

Starr 103.5FM

Starr FmStarr Fm
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!

Subscribe to our newsletter and never miss our latest in news, podcasts etc..

[mc4wp_form]
Zero spam, Unsubscribe at any time.
adbanner
AdBlock Detected
Our site is an advertising supported site. Please whitelist to support our site.
Okay, I'll Whitelist
Welcome Back!

Sign in to your account

Lost your password?