'CHRAJ can investigate Baba Kamara'

April 7, 2011 (Front Page)

THE Supreme Court yesterday ruled that private individuals implicated in a bribery scandal alongside public officials could be investigated by the Commission on Human Rights and Administrative Justice (CHRAJ).
Consequently, the court held that Ghana's Ambassador to Nigeria, Mr Baba Kamara, who has been implicated along with six others in the Mabey and Johnson (M&J) bribery scandal, could be investigated by CHRAJ.
Mr Kamara had challenged the authority of CHRAJ to investigate him on the grounds that he was a private individual at the time the alleged bribery took place.
Following Mr Kamara's objection, CHRAJ, through its lawyer, Mr Thaddeus Sory, took the matter to the Supreme Court for interpretation.
In a unanimous decision, the court, presided over by Ms Justice Sophia A.B. Akuffo, held that under Article 218 of the 1992 Constitution, CHRAJ had powers to investigate a private individual implicated alongside public officials.
The court held that where, in an alleged bribery/corruption allegation, a private individual was implicated alongside public officials, that individual could be investigated by CHRAJ.
It was of the view that CHRAJ's mandate would be frustrated if Mr Kamara's views were upheld.
Other members of the panel were Mr Justice S. A. Brobbey, Professor Justice S.K. Date-Bah, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira, Mr Justice Annin Yeboah, Mr Justice N. S. Gbadegbe and Mr Justice B.T. Aryeetey.
In a related development, the Court of Appeal, on March 24, 2011, set aside last year's ruling of the Human Rights Court which prohibited CHRAJ from investigating bribery allegations against six former public officers implicated in the M&J bribery scandal.
The court said after carefully examining the video tapes, documents and appeal processes, it found that there was no evidence that the comments made by the then Commissioner of CHRAJ, Mr Justice Emile Short, could lead to bias.
It was of the view that Mr Justice Short was not synonymous with CHRAJ, noting that even if there was any likelihood of bias shown by him, other commissioners could investigate the allegation.
The six officials are Mr Kwame Peprah, Alhaji Baba Kamara, Alhaji Boniface Abubakar Saddique, Alhaji Amadu Seidu, Brigadier-General Lord Attivor (retd) and Dr Ato Quarshie.
A seventh official, Dr George Sipa Yankey, who was also cited in the scandal, however, prayed the Human Rights Court to order CHRAJ to investigate him, but the court declined his offer.
The latest rulings from the Court of Appeal and the Supreme Court indicate that Mr Yankey's dreams have been fulfilled.
The seven were said to have been given various sums of money by the British company, Mabey & Johnson, for the award of contracts in favour of the company.