The Commission on Human Rights and Administrative Justice (CHRAJ) has suspended its probe of the $5 million bribery allegation made against the Chief Justice by a lawyer, for which the Commission was petitioned by civil society group Alliance for Social Equity and Public Accountability (ASEPA).
According to the Commission, “it will be superfluous probing the matter as the same organisation has also petitioned the president over the same issue”.
CHRAJ explained that since the issue was pending in appropriate constitutional forum, in exercise of its discretion under Section 13 of Act 456, it ceased to investigate complaint any further as invocation of Article 456 proceedings had effectively and efficiently taken the issue out of the forum of Commission.
The Alliance for Social Equity and Public Accountability (ASEPA), has described as disappointed and unfortunate the response of CHRAJ to its petition requesting probe of the Chief Justice Kwasi Anin-Yeboah.
ASEPA petitioned CHRAJ on July 12, 2021, asking the Commission to investigate allegations of bribery and corruption against the Chief Justice under Article 218(a) and (e) of the 1992 Constitution.
However, Mensah Thompson, the Executive Director of ASEPA, observed that the case in point CHRAJ cited as basis for truncating processes, claimed when Plaintiff sues same Defendant in two courts, Plaintiff is impressed upon to stay one of the proceedings.
He noted that when CHRAJ during preliminary investigation realised another constitutional processes had been activated, it did not write to ASEPA to stay one of the proceedings but proceeded with the other and indicated that “with their own explanation, and their own case in point CHRAJ decided to unilaterally violate the right of Plaintiff by deciding for us which of two processes to stay which is unfortunate and disappointing”.
In a letter signed and issued by Joseph Whittal, the Commission of CHRAJ, said while it was conducting preliminary investigation into instant complaint, it was brought to its attention complainant had also petitioned President Nana Addo Dankwa Akufo-Addo under Article 146 of the 1992 Constitution for removal of Chief Justice Kwasi Anin-Yeboah, grounded petition on same allegation of bribery and corruption.
It said the petition was submitted to the Office of The President on July 13, 2021, a day after instant complaint was lodged with Commission and while it may be conceded complainant in instant issue before Commission did not claim, as specific relief, removal of Chief Justice Anin-Yeboah.
The letter said it was discernible from its invocation of Article was ultimate destination of complainant, procedure for removal of Chief Justice having been specifically provided for in Article 146, it was considered view provisions of the article take precedence over general provisions of Article 218.
The Council of State, on August 20, 2021, presented its report to President Akufo-Addo and promised to appraise them with his own findings on issue and hope his consultation would establish there was unanimity between both of them on issue before they could proceed. –classfmonline.com
