The Alliance for Social Equity and Public Accountability (ASEPA) is disappointed with the Commission on Human Rights and Administrative Justice‘s (CHRAJ) answer to their petition seeking an investigation against the Chief Justice.
On July 12, 2021, ASEPA petitioned CHRAJ, requesting that the Commission examine accusations of bribery and corruption against the Chief Justice under Articles 218(a) and (e) of the 1992 Constitution.
However, in response to the request, the CHRAJ refused to investigate the issue since ASEPA had already petitioned the president, which had started work on the request.
According to CHRAJ, it took such a discretionary step after learning that ASEPA had also petitioned the president on the same subject.
“Since the matter is pending in the appropriate constitutional forum, the commission, in the exercise of its discretion under Section 13 of Act 456, hereby ceases to investigate the complaint any further as the invocation of the Article 456 proceedings has effectively taken the matter out of the commission’s forum,” CHRAJ wrote to ASEPA in a letter.
However, Mensah Thompson, the Executive Director of ASEPA, characterized CHRAJ’s posture as regrettable in an interview.
“If you read the case in point that CHRAJ cited as the basis for truncating this process, they claim that when a plaintiff sues the same defendant in two courts, the plaintiff elects to stay one of the proceedings, and so when CHRAJ during their preliminary investigation realized that another constitutional process had been activated, did they write to us the plaintiffs to stay one of the proceedings?”
“So with their own explanation, and their own case in point CHRAJ decided to unilaterally, violate the right of the plaintiffs by deciding for us which of the two processes to stay. This is extremely sad and upsetting to us.”
Background
Following bribery accusations leveled against Chief Justice Kwasi Anin-Yeboah by a Kumasi-based lawyer, Akwasi Afrifa, ASEPA petitioned the President in July 2021 to start an impeachment process against him.
The bribery accusations against the Chief Justice were included in a statement given by Mr. Akwasi Afrifa, a lawyer, in response to a petition filed against him by his client, Ogyeedom Kwesi Atta IV, before the General Legal Council’s disciplinary committee.
Mr. Ogyeedom IV took Mr. Afrifa to the GLC, claiming that the lawyer took $100,000 from him with the hope of obtaining a favorable judgment on his side.
Ogyeedom Atta IV requested that the Council order Mr. Afrifa to return the $100,000, claiming that the lawyer had failed to fulfill his commitment.
Mr. Afrifa disputed the allegations made by Ogyeedom Kwesi Atta IV in a letter dated July 8, 2021, claiming that he was requested to return $300,000 in legal costs in order for his client to raise a $5 million bribe to be given to the Chief Justice in order to get a favorable result in the legal dispute.
Justice Anin-Yeboah has previously rejected the accusations of bribery leveled against him.
Council of State presents report to Akufo-Addo
The petition was later submitted to the Council of State by the President. On Friday, August 20, 2021, the Council delivered its report to the President.
President Nana Addo Dankwa Akufo-Addo, for his part, said that he would examine the report before making a decision.
“I will apprise you [Council of State] of my own findings on the matter. I am hoping that my consultation will establish that there is unanimity between you and me on this matter before we can go on.”
Read Also: Kenya receives Covid-19 Moderna vaccines from US
