The Commission on Human Rights and Administrative Justice (CHRAJ) is said to have turned down a request to investigate Chief Justice (CJ) Kwesi Anin Yeboah over an alleged $5m bribe.
JoyNews sources explained that the Commission believes the matter is currently pending at an appropriate constitutional forum.
The CJ has been in the news following allegations by private legal practitioner Akwasi Afrifa that he had asked for a $5 million bribe to deliver a favourable judgment in a case involving his client.
The CJ has since denied the allegations and asked the Police Criminal Investigation Department (CID) to probe the matter.
Alliance for Social Equity and Public Accountability (ASEPA) contends the CJ is unfit to hold office and wants him removed.
The pressure group petitioned CHRAJ asking that it investigates the matter.
The Commission, JoyNews understands, realized a petition had been sent to the President by ASEPA seeking the removal of the Chief Justice over the same matter.
CHRAJ, JoyNews understands, holds the view that special provisions take precedence over general provisions.
So, once the special provisions in the Constitution provided for removal of the Chief Justice, have been triggered, that should take precedence over the Commission’s mandate to carry out a probe that will effectively look into the same allegations.
The Commission, therefore, had opted to exercise its discretion under Section 13(1) of the CHRAJ to refuse to investigate the matter.
The said provision states
“Section 13—Refusal to Investigate.
(1) Where in the course of the investigation of any complaint it appears to the Commission-
(a) that under the law or existing administrative practice, there is an adequate remedy for the complaint, whether or not the complainant has availed himself of it; or
(b) that having regard to all the circumstances of the case, a further investigation is not necessary.”
- Apart from some senior players, no one is guaranteed a place – Andre Ayew on Ghana’s World Cup squad
- NDC orchestrated the heckling of Akufo-Addo at Global Citizen Festival – NPP
- We won’t recognise Ghanaian doctors trained in war-hit Ukraine – Medical and Dental Council
- Ghana’s programme will focus heavily on debt sustainability – IMF
- Government to face difficult refinancing options in repaying maturing T-Bills – Report
- ‘Stop the foolhardiness, Akufo-Addo’s booing at Global Citizen Festival wasn’t orchestrated’ – Stan Dogbe tells NPP
- Parliament approves fees for “access” to information
- We can’t confirm how much Frontiers made from Covid-19 testing at airport – GACL
- We must build on second half performance against Brazil – Inaki Williams
- Smugglers Paradise: GRA to investigate how custom officials aided in oil smuggling
- Political will among UN member states crucial in sustaining rights of minority groups – Godfred Dame
- Russia detains Japanese consul on spying charge; Tokyo hints at retaliation
- iPhone in India: Apple makes new handset in India in shift from China
- National Fitness Day moves to Kumasi for second edition
- Shinzo Abe: A divided Japan bids farewell to its slain ex-PM
- Pressure mounts on government to scrap SIM re-registration deadline
- “We’ve had some discussions about set pieces”- Otto Addo
- Uganda Ebola cases rise amid 23 deaths – WHO
- Total pension funds increased by 18% to ¢39.6bn in 2021
- King Charles: New royal cypher revealed
- Farmerline announces 2nd phase of ‘Pre-Series A second’ programme with additional $1.5m funding
- US government to provide $138m to support human capital development in Ghana
- Absa Bank projects ¢12 to a dollar end-year rate
- Luv News uncovers degradation of Tano Nimri Forest Reserve
- Olympic medalist Prince Amartey passes on