- 10 Marks
Question
The Auditor-General of Ghana has unfettered power and is not subject to the control of any other authority in the discharge of his duties. He therefore refuses to accept any directives from cabinet ministers.
Required:
Evaluate the extent to which it can be said that the Auditor-General is not subject to direction of any other authority. (10 marks)
Answer
- The office of the Auditor-General is enshrined in the 1992 Constitution of Ghana, providing the position with a significant degree of independence. The Auditor-General is appointed by the President on the advice of the Council of State and is the head of the Ghana Audit Service, the supreme audit institution of Ghana. The independence of the Auditor-General is further protected under Article 187(7) of the Constitution, which states that the Auditor-General shall not be subject to the direction or control of any other person or authority in the performance of his functions.
- However, the Auditor-General’s independence is not absolute. Article 187(8) provides that the President, acting on the advice of the Council of State, may request the Auditor-General to audit specific accounts in the public interest. While this does not equate to direct control, it does introduce a mechanism through which the President can influence the Auditor-General’s actions, albeit within the confines of public interest.
- Additionally, while cabinet ministers cannot issue directives to the Auditor-General, if such directives are perceived as coming from the President, the situation could be interpreted as the President exercising his constitutional powers under Article 187(8). This would place the Auditor-General in a position where compliance might be necessary, though this scenario could be subject to interpretation by the Supreme Court if challenged.
- In conclusion, while the Auditor-General enjoys a high degree of independence, there are specific circumstances under which the President, acting in the public interest, can influence the Auditor-General’s duties, thus limiting the claim of complete independence.
- Uploader: Kwame Aikins