Audio By Carbonatix
The Supreme Court by a majority decision of four to one on Friday quashed an application brought before it by the Commission for Human Rights and Administrative Justice (CHRAJ) on whether the commission had powers to investigate issues published in the media without a formal complainant.
The suit also included Mr Joe Ghartey, Attorney General and Minister of Justice as party to the case.
The court, which empanelled five Supreme Court Justices for the sitting, included Mrs Justice Georgina Theodora Wood, the Chief Justice, Mr Justice Stephen Brobbey, Dr. Justice Kofi Date-Baah, Mr Justice Julius Ansah and Mr Justice Aninakwah.
The Attorney General and Minister of Justice was represented by Mr Alfred Asiamah-Sampong, a Deputy State Attorney and Mrs Evelyn Keelson, a Senior Attorney and Ms Barbara Sackey.
Nene Amegatcher, Lead Counsel for the Commission, after the judgment asked the court to give directive as to the position of previous cases which the Commission had investigated without formal complaint.
"My Lords, I humbly submit that the court should give its directive on the issue because there was likely to be more legal challenges to Commission because of this judgment"
However, Mr Joseph Kwesi Agyemang Lead Counsel for Dr Richard Anane rejected the claims of the applicants and said what the court sought to do was whether the commission had powers to investigate issues published in the media without a formal complainant.
He said there were enough laws and legal authorities to deal with, when the issue comes up.
The Chief Justice in her decision said Article 218 (a) required that a formal complaint has to be lodged with the commission before it could investigate issues published in the media or made at public fora.
She said if formal complaint were not made to the commission people could subject the process to abuse and make wild allegations against public officials based on mere suspicion and speculations.
She said Article 218 (e) was never meant to be a catchall provision in the constitution and that a formal complaint was needed to start an investigation into alleged corruption by a public official.
Mr Justice Stephen A. Brobbey in his decision said a complaint had to be made by an identifiable body or person.
He said the ordinary or natural meaning of the word "formal complaint" should first be understood before any reference to its constitutional interpretation.
He said complaints made under Article 218 (a), (b) and (c) required that there should be an identifiable complainant to help the commission do its investigation.
He urged CHRAJ to make new regulations to streamline complaint made under informal compliant process.
Dr. Justice Kofi Date-Baah, who disagreed on the issue, said Article 141 of the 1992 constitution was inconsistent with the Common Law.
He argued that CHRAJ was not a quasi-judicial body or an inferior judicial body.
He said the court should focus on the direct constitutional interpretation of the word and not what anybody says it is.
Dr. Justice Date-Baah also stated that to insist on formal complaint for the Commission work would constrain them and defeat the Commission's mandate to fight corruption and abuse of human rights in the system.
Mr Justice Julius Ansah and Mr Justice Aninakwah in their decisions insisted a formal complainant was needed in order for people not make unsubstantiated allegations against public officials on speculations in the media.
They said the complaint must not be in a vacuum and that it must be traced to an identifiable body or person.
Source: GNA
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
-
Ghana housing finance conference adopts communiqué to improve affordable housing access
1 hour -
Special Initiatives Minister urges Wa Technical Institute to enrol more girls as EU-backed solar training lab opens
2 hours -
In the matter of my first year at the Bar
2 hours -
ActionAid Ghana calls for an end to child marriage, greater investment in girls’ rights
2 hours -
Newsfile to tackle World Cup visa scandal, beach demolitions, education strikes, BRICS bid
2 hours -
UK-Ghana Trade & Investment Summit: Trade Resource Centre to help businesses maximise UK-Ghana trade opportunities
3 hours -
Embassy of Denmark celebrates World Maritime Day
3 hours -
Linking LEAP to productive inclusion could cut extreme poverty by 2030 – UNICEF
4 hours -
Trade Ministry backs use of creative arts to rehabilitate prison inmates
4 hours -
Negotiations with government to continue despite strike suspension – GNAT
4 hours -
‘Ghana cannot afford to waste public resources; every cedi has a job’ – Ato Forson
4 hours -
Ghana expects economic boost as World Assemblies of God Congress brings 10,000 delegates to Accra
4 hours -
Joy in Nayilifong as Farouk Aliu Mahama donates 100kVA transformer to improve power supply
5 hours -
Chief Justice urges employers to tackle mental health stigma in workplaces
5 hours -
Analysis: Ghana’s yellow fever numbers reveal a gap between vaccination and protection
6 hours