Disallowances, Surcharges: Occupy Ghana to seek legal redress

Per a letter dated September 9, 2021, and addressed to the Auditor General, OccupyGhana noted that the Auditor General’s Reports are replete with ‘irregularities’ that have led to the loss of huge amounts of government funds, which article 187(7)(b) of the Constitution calls (i) ‘expenditure which is contrary to law,’ (ii) sums ‘not been duly brought into account and (iii) ‘loss or deficiency [through] negligence or misconduct.

Is allowance instantly strangers applauded

A pressure group, OccupyGhana is considering seeking legal redress against the Auditor General if it is not assured within seven(7) days of any action being taken by the former relative to the issuance of surcharges and disallowances.

Per a letter dated September 9, 2021, and addressed to the Auditor General, OccupyGhana noted that the Auditor General’s Reports are replete with ‘irregularities’ that have led to the loss of huge amounts of government funds, which article 187(7)(b) of the Constitution calls (i) ‘expenditure which is contrary to law,’ (ii) sums ‘not been duly brought into account and (iii) ‘loss or deficiency [through] negligence or misconduct.

Additionally, the pressure group reminded the Auditor General of the fact that a Supreme Court judgment in 2017 in OCCUPYGHANA v ATTORNEY-GENERAL indicated clearly that the exercise of his power, is mandatory.

In a follow-up letter, the pressure group indicates that it has not received any response from the Auditor General for the said letter thus indicating that it will also consider sending a petition to the Right to Information(RTI) Commission to demand the Auditor General’s compliance per the Constitution.

See letter below;

The Auditor-General

Office of the Auditor-General

Ministry Block ‘O’

P. O. Box M 96

Accra (GA-110-8787)

Dear Sir,

Re: DEMAND TO ISSUE DISALLOWANCES AND SURCHARGES

This is a letter to remind you of our earlier letter dated 9 September 2021 on the above subject matter, demanding that you forthwith issue disallowances and surcharges to all persons so-identified as having been either engaged in or responsible for the illegal use of government funds in your 2019 and 2020 Audit reports (copy of stamped receipt attached).

Unfortunately, we have not received any response from your office on this matter. If you have already taken action, please ignore this letter. But if you have not yet taken action, please do so immediately.

However, if we are not assured of any action being taken by your office on this action within the next seven (7) days, we will proceed with legal action including sending a petition to the Right To Information (RTI) Commission for you to provide information to us on your compliance or otherwise with the mandatory provisions of the Constitution and its demand that you disallow and surcharge the relevant persons with (i) any illegal expenditures, (ii) amounts not duly brought into account, and (iii) the amounts of all losses or deficiencies arising from negligence or misconduct.

Counting on your co-operation on this matter.

Yours in the service of God and Country

OccupyGhana®

CC.

The Executive Secretary