An Accra High Court has quashed portions of a Commission of Human Rights and Administrative Justice (CHRAJ) ruling which found the Finance Minister guilty of failing to declare parts of his assets in the infamous $2.25 billion bond issuance.

The court presided over by Justice Datse said the human rights body went beyond its mandate in pronouncing judgment on a matter that was not before it.

It has consequently nullified portions of the CHRAJ report which accused the Finance Minister of failing to declare his assets.

Background

An Ashanti Regional Youth Organiser of the opposition National Democratic Congress Ernest Brogya Gyamfi made conflict of interest allegations against the Finance Minister Ken Ofori Atta in the controversial $2.25 billion bond issuance.

He then proceeded to CHRAJ with an official complaint.

CHRAJ after investigating the matter ruled that the Finance Minister was not guilty of conflict of interest.

Joseph Whittal

“On the basis of the evidence available to the Commission, it has come to the conclusion and therefore holds that, the allegations by the complainant that the respondent has contravened Article 284 of the 1992 Constitution by putting himself in a conflict of interest situation in relation to the issuance of the 5-year, 7-year, 10-year and 15-year bonds, have not been substantiated.”

However, the administrative body ruled that Ken Ofori Atta failed to declare parts of his assets, a development which was unacceptable and against the law.

Brogya Gyamfi on account of the CHRAJ ruling submitted another complaint to the administrative body demanding that CHRAJ must force the Finance Minister to declare all his assets.

But the Finance Minister was appalled by CHRAJ’s ruling.

He argued at no point during his investigation by CHRAJ was the issue of assets declaration raised. He averred that he answered questions of conflict of interest put to him by CHRAJ during the investigations and was appalled by CHRAJ’s decision to make a finding on a matter he was not given the opportunity to speak to during the period of investigation.

He, therefore, proceeded to court to have that portion of CHRAJ’s ruling annulled.

In his petition, he stated among other things that CHRAJ’s ruling was a flagrant abuse of his right to fair trial.

He petitioned the court to make a declaration that CHRAJ’s findings were not before the Commission and was not given the opportunity to respond to same.

He stated further that the ruling was a violation of his rights to fair hearing, irrational and a flagrant abuse of procedural justice and pleaded with the court to quash that aspect of the ruling.

Verdict

Akoto Ampaw

The court after hearing the details of the arguments agreed with the complainant and nullified the aspect of CHRAJ ruling which accused the Finance Minister of failing to declare all his assets.

Lawyer for the Finance Minister Akoto Ampaw welcomed the decision by the court.

He told Joy News’ Parker Wilson “no matter how important a body is, its ambit of activity is defined by law.”

“Once it steps outside the ambit it has to be brought to order,” he said adding, CHRAJ is “independent so far as it acts within the confines of the law.”

He was unequivocal that CHRAJ breached the law by making a pronouncement on a matter that was not before it.

He said CHRAJ’s findings had “serious consequences” on the rights and reputation of his client. “You can’t judge the person when you have not heard him. That is the basic rule of natural justice.”

He said CHRAJ as a human rights body should be the last institution to make decision that affects the rights of people without giving them a fair hearing.

Disappointment

Brogya Gyamfi

But Brogya Gyamfi is disappointed by the court’s ruling.

He told Joy News’ Emefa Apawu he is yet to get the full details of the ruling but on the evidence of what he has heard so far the ruling is disappointing.

He said there was no way CHRAJ could make a determination on a conflict of interest complaint without delving into the assets of the respondent.

He said he will speak to his lawyer and take the next line of action.

Listen to Mr Akoto Ampaw and Brogya Gyamfi