Senior Minister, Yaw Osafo Marfo is no longer required to pay back $1million to the State after an Accra High Court ruled in favour setting aside the surcharge imposed on him and other officials at the Finance Ministry.
The Auditor-General, Daniel Domelevo in December 2019 surcharged Mr Osafo-Marfo and others $1million for paying Kroll and Associates, an auditing firm, for no work done and also for not obtaining parliamentary approval before contracting the company.
Mr Senior Minister dissatisfied with the Auditor-General’s action hauled him to the High Court praying that it sets aside the surcharge.
Mr Osafo-Marfo’s counsel argued that Mr Domelevo was wrong to conclude that the company did no work when he had no evidence to back his assertion.
They further argued that Kroll and Associates had carried out work and that the Auditor General violated the rules of natural justice by failing to give a fair hearing.
Mr Domelevo was then ordered by President Akufo-Addo to proceed on compulsory accumulated leave which the case proceeded in court.
The Supreme Court, which had taken over the case asked the Auditor General who was on leave to inspect the claimed to have been done by the Kroll and Associates at the Ministry of National Security. But the inspection was done by Mr Akuamoah Asiedu who had taken over from Mr. Domelevo as acting capacity.
He reported back that Kroll and Associates had as a matter of fact worked.
The matter went back to the High Court where Justice Botwe noted that when the case was referred to the Supreme Court, the Auditor General’s Office showed its contentment with the work done, Mr Domelevo was wrong to conclude that Kroll and Associates did not work.
Justice Botwe noted that it was wrong for Mr Domelevo to surcharge Mr Osafo-Marfo