Court Upholds Dr. Anane's Application

By William Yaw Owusu

Tuesday,December 19,2006
A Fast Track High Court in Accra yesterday granted an application for extension of time to enable the inclusion a statement of case in the matter in which Dr. Richard Winfred Anane, former Transportation Minister is challenging certain aspects of the recommendations of the Commission of Human Rights and Administrative Justice (CHRAJ).

The court presided over by Mr. Justice Paul Baffoe-Bonnie however awarded five million cedis cost against Dr. Anane for the delay in filing the statement of case.

The award of the cost was on the insistence of CHRAJ who argued that the applicant (Dr Anane) had failed to observe the 14-days mandatory period required under the law to file such an application.

Dr. Anane filed the notice for judicial review on September 22, and another notice for extension of time for the statement of case to be included and the appointment of an additional solicitor on December 7.

Bede Tukuu, who stood in for P.E. Bondzie Simpson, counsel for CHRAJ said ‘The applicant should have come to court to apply for leave to do all these but failed so it has rendered the whole process null and void’.

But Jacob Acquah Sampson who represented Dr. Anane said even though Order 55 Rule 6 (3) of C.I 47 of the court rules talks about non-compliance, the court could exercise its power of discretion to entertain the application.

“The statement of case that we are filing cannot be treated as an irregularity simply because the reasons we have given are genuine”.

The judge then granted Dr. Anane’s application and asked CHRAJ to file its response for the case to be heard.

It will be recalled that on September 15, CHRAJ recommended Dr. Anane be relieved of his position as a Minister of State “for bringing his power and office into disrepute” after it cited him for perjury and abuse of power and office.

He was also asked to apologise to the Appointments Committee of Parliament that appointed him as a Minister for lying under oath.

The decisions were reached by the Commission after it had completed an 18 month investigation into allegations of corruption, conflict of interest and abuse of power leveled against the former Minister in his dealings with Ms. Alexandria O’Brien, an American.