The Attorney-General and Minister of Justice, Godfred Yeboah Dame, says his advice to the Auditor-General not to publish its report before sending it to Parliament was not an interference.
In a statement released today, the A-G said as the principal legal advisor to the government, he has the constitutional mandate to give legal advice to all Public Services of Ghana including the Audit Service.
According to the A-G, the independence of the Auditor -General in its operations does not preclude him from legal advice from the Attorney -General.
It ought to be pointed out that the functional independence of the Auditor-General under article 187(7)(a) of the Constitution does not confer immunity from legal advice.
Legal advice to a constitutional body cannot under any circumstance be construed to amount to interference with the performance of its constitutional functions.
A view to the contrary implies that an “independent constitutional body” has absolute freedom to act in any manner it desires, except when a court of law has ordered, even when its legal adviser (whether public or private) is of the opinion that its actions are in conflict with the law. This sounds in absurdity and is the product of unbridled sensationalism,” the A-G said.
A-G’s advise
The A-G’s statement was in response criticisms by the Ghana Centre for Democratic Development (CDD), over a letter by the Attorney-General advising the Auditor -General to withdraw a publication on its website about an audit report on COVID -19 funds.
Dame had described as unconstitutional the publication of the Auditor-General’s report on the COVID-19 expenditure before Parliament completes considering it.
