A-G Ordered To Reverse Contentious Promotion

A staff member of the Audit Service of Ghana has issued a midnight deadline ultimatum through his lawyers to Auditor General, Johnson Akuamoah Asiedu, to reverse a contentious promotion or face legal action.

The petition, filed by solicitor Martin L. Kpebu Esq. on behalf of John Wuaku, a Service staff member, and obtained by The Chronicle, comes directly on the heels of an internal memo the Auditor General circulated on Thursday, May 21, 2026.

In that memo, Johnson Akuamoah Asiedu informed the staff that at the 129th Regular Meeting held on Tuesday, May 19, 2026 the Audit Service Board by majority decision approved the promotion of Mr. Emmanuel Fosu Gyeabour to the grade of Deputy Auditor General to replace Mrs. Judith Kwaaku, who proceeds on compulsory retirement effective June 5, 2026.

The same memo announced the promotion of Messrs Iddrisu Suyihini Osman and Fuseini Fatawu Alaru to the grade of Director under Article 16(b) of the Management Conditions of Service.

It is that memo and the process behind it that Wuaku’s legal team now argues is illegal, procedurally void, and an act of institutional overreach.

The Legal Challenge

Kpebu’s petition argues that Gyeabour’s promotion contravenes the Audit Service Scheme of Service, the specific regulatory instrument governing promotions within the Service, which requires that a vacancy first be publicly declared and open to all qualified applicants. No such declaration was made.

The Auditor General justified the appointment by citing Gyeabour’s fourth place finish in an October 2025 promotion interview.

The petition dismisses this as legally untenable, arguing it would render future promotion interviews redundant. The petition also rejects the Auditor General’s reliance on the general Human Resource Management Policy Framework, asserting that the Audit Service Scheme as the specific applicable law takes precedence.

A Board at War With Itself

The day after the May 21 memo, the Audit Service Board issued a counter circular directing all staff to suspend the Auditor General’s instructions pending a thorough investigation into promotions and transfers, and ordering that in future such communications be issued through the Board Secretariat.

Instead of complying with this board directive, the petition alleges, Asiedu issued a second memo encouraging promoted officers including Gyeabour to disregard the Board’s directive and assume their new positions immediately.

The petition describes this conduct as deeply disrespectful to the Board’s authority, noting that the Auditor General is currently serving on a post-retirement contract and, therefore, does not enjoy the same security of tenure as an Auditor General who has not yet reached the mandatory retirement age.

Under Regulation 14(3) of the Audit Service Regulations, CI 70, it is the Audit Service Board and not the Auditor General that holds the legal authority to promote staff, with such communications required to be issued on Board letterhead.

The petition accuses Asiedu of repeatedly conflating the two roles, producing what it describes as a series of ultra vires actions and argues that previous promotions communicated on the Auditor General’s letterhead are equally illegal.

A Pattern of Non-Compliance

The petition situates the Gyeabour promotion within a broader pattern, referencing a February 2026 episode in which assistant directors were allegedly elevated to director grade outside the Scheme of Service, and an earlier case involving Messrs Fiadzo, Addison and Amofa, promoted via previous interview results, which the petition argues cannot serve as valid precedent since the underlying practice was itself unlawful.

It also alleges discriminatory application of Article 16(b), with other staff who acted in higher positions for the requisite period being passed over without explanation.

Kpebu demands the Auditor General withdraw the May 21 circular by midnight, Tuesday, June 2, 2026 failing which he will commence legal proceedings to overturn all decisions described as irregular and ultra vires, without further notice.

The Audit Service had issued no public statement at the time of publication.

The post A-G Ordered To Reverse Contentious Promotion appeared first on The Ghanaian Chronicle.

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