Audio By Carbonatix
The Supreme Court yesterday unanimously upheld the decision of the High Court which quashed the findings of perjury and conflict of interest by the Commission of Human Rights and Administrative Justice (CHRAJ) against the former Minister of Transportation, Dr Richard Anane.
It, however, upheld an application filed by CHRAJ which challenged the decision of the High Court judge to interpret “complaint" in Article 21 (a) of the 1992 Constitution.
According to the court which was presided over by the Chief Justice, Mrs Justice Georgina Wood, "that decision is in conflict with the exclusive jurisdiction of this court, under Article 30 of the 1992 Constitution, to interpret the Constitution".
The court, which had Mr Justice S. A. Brobbey, Dr Justice Date Bah, Mr Justice Julius Ansah and Mr Justice R. T. Aninakwah as members, has, therefore, decided to interpret the meaning of 'complaint' and give its judgement on it.
"In relation to Article 21 (a) of the 1992 Constitution, this court is exercising the powers of the trial court to refer to the Supreme Court the following issue which has arisen from the facts of this case for determination, pursuant to article 130 (2):
"For a complaint within the meaning of Article 218 (a) of the 1992 Constitution to form the basis for investigation by CHRAJ, must it be made by an identifiable individual or corporate body and lodged with the commission or are complaints made through the media and other public fora regarding violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties adequate bases for the institution of investigation, by CHRAJ?"
The CHRAJ had filed an application praying the Supreme Court to quash the decision of the High Court which quashed findings of perjury and conflict of interest against Dr Anane.
But the Supreme Court held a different view and stated that it would give its reasons for its orders in its final judgement after the parties had made legal arguments on the matter.
It, accordingly, ordered the Attorney General, CHRAJ and Dr Anane 14 days to submit written legal arguments on the issue referred to the Supreme Court.
The case was, therefore, adjourned to November 21, 2007.
The CHRAJ, some time last year, made adverse findings of conflict of interest, abuse of office and perjury against Dr Anane.
Dissatisfied with CHRAJ's findings, Dr Anane contested them at the High Court where the decision of CHRAJ was quashed.
However, CHRAJ took the matter to the Supreme Court for its decisions to be reaffirmed.
Source: Daily Graphic
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Tags:
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Latest Stories
-
African Forest Forum, AGRA and Ethiopian Forest Development push for deforestation-free trade and green jobs
23 seconds -
MoMo-to-Bank charge is not E-Levy in any form—Dafeamekpor
4 minutes -
Outstanding teacher and nurse arrears to be paid in four instalments – Controller and Accountant-General
7 minutes -
African Climate Foundation calls for Africa-led climate action amid growing climate threats
15 minutes -
Defection as a tool of conflict: Riyadh’s movements in Sudan come to light
18 minutes -
‘You are not refugees’ — Ablakwa outlines support ahead of Ghana evacuees’ arrival
19 minutes -
Dafeamekpor confirms Ohene Kwame Frimpong under fraud and money laundering investigation in Netherlands
23 minutes -
Bail application filed for detained MP Ohene Kwame Frimpong — Dafeamekpor
35 minutes -
Only Parliament can impose taxes and levies — Dafeamekpor
45 minutes -
Mystic Twins Foundation continues to bring hope to marginalized communities
1 hour -
Dafeamekpor confirms NDC still pursuing election petition involving wife’s constituency
1 hour -
Dafeamekpor explains why he keeps family life private despite wife’s political career
1 hour -
Kwame Dadzie: Don’t spend government’s GH¢5 million to film sector
2 hours -
Former Accra Mayor Blankson endorses Wontumi for NPP national chairmanship
3 hours -
Eid festivals explained on Behind The Lens with Queen Liz
3 hours