By Charles Mafa
The high-stakes case involving a Ministry of Finance Principal Internal Auditor, who is in a legal battle against his own employer, the Ministry of Finance, along with the Anti-Corruption Commission (ACC) and the Drug Enforcement Commission (DEC), failed to proceed in the Supreme Court on December 05, 2023.
This setback occurred after the Attorney General (AG) sought an adjournment, citing that his office received the application on 1st December 2023 and is still awaiting instructions from the Ministry of Justice.
The ACC also requested an adjournment, indicating that they were served on the same date, and only became aware of the documents on December 04, 2023. The ACC requested time to respond to the application.
The auditor’s legal representatives opposed both applications to adjourn the hearing made by the AG and the ACC, underscoring the matter’s urgency, as the ex-parte application was submitted on 10th November 2023.
They pointed out that both institutions were promptly served with the application and the notice of hearing after the court made the hearing inter-partes.
The legal representatives emphasised public interest concerns, particularly the well-being of the client as a whistleblower, and added that if the court decided to grant the adjournment, they requested that the decision to withhold the salary by the Ministry of Finance be stayed.
The court did not make a determination on the stay application regarding the withheld salary and adjourned the hearing, as applied by the AG and the ACC, to 11th December 2023 at 09:00 hrs.
The Supreme Court provided reasons for the adjournment, stating that two clear days had not passed since the date of service on the AG and the ACC. The court ordered that all parties file their documents in advance of the next hearing date.
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