Dr. R.W. Anane Ghana's former Minister of Transportation
By William Yaw Owusu
Wednesday October 31, 2007
The Supreme Court yesterday unanimously ruled that an Accra Fast Track High Court did not err when if quoshed a ruling by the Commission on Human Rights and Administrative Justice (CHRAJ) which cited Dr. Richard W. Anane, former Minister of Transportation for conflict of interest and perjury.
However the five member panel chaired by Justice Georgina Wood, the Chief Justice, granted a certiorari by CHRAJ against the High Court’s decision to interpret ‘Complainat’ in Article 218(a) of the 1992 Constitution in favour of Dr. Anane.
The court explained that the issue of whether or not there should have been an identifiable complainant before CHRAJ proceeded to investigate Dr. Anane fell under Article 130 of the Constitution which was an exclusive jurisdiction of the Supreme Court which the High Court was not permitted to handle.
In this regard the court ordered the Attorney General and CHRAJ which had sought to reverse the High Court’s decision, as well as Dr. Anane, who is an interested party in the suit, to within 14 days, file written legal arguments on the issue of ‘complainant’, for the highest court of the land to decide whether or not there should have been a complainant.
The court asked:‘For a complainant within the meaning of Article 218(a) of the 1992 Constitution to form a basis for investigation by the CHRAJ must it be made by an identifiable individual or corporate body and lodged with the commision or are complaints made through the media and other public regarding violations of fundamental human rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of official duties an adequate basis for the institution of investigation by CHRAJ'.
It adjourned proceedings until November 21, for oral arguments from all the three parties.
Other Justices on the panel were S.A. Brobbey, Dr. S.K. Date-Bah, Julius Ansah and R.T. Aninakwah.
On March 13, the Fast Track Court, presided over by Justice Paul Baffoe-Bonnie, ruled that CHRAJ was wrong in recommending that Dr. Anane, be relieved of his post and quashed the commision’s recommendation that the then applicant be relieved of his position as a Minister of State because he had "brought his power and office into disrepute" after it cited him for perjury, conflict of interest as well as abuse of power and office.
CHRAJ made the recommendations on September 15, last year and further asked Dr. Anane to apologise to the Appointments Committee of Parliament that approved his appointment as a Minister, for lying under oath.
The decisions were reached by the Commission after an 18-month investigation into allegations of corruption, conflict of interest and abuse of power levelled against the former Minister in his dealings with Ms. Alexandria O’Brien, an American with whom Dr. Anane has a child.
Dr. Anane had sought a declaration that the investigation by CHRAJ was "riddled with an irregularity" and a further declaration that there should have been a formal complaint lodged by an identifiable complainant before going ahead to investigate him.
Dr. Anane also prayed the court that another declaration that cited him for perjury was an error and an order of certiorari to quash the commission’s decision.
Dissatisfied with the ruling CHRAJ filed an appeal at the Supreme Court for a certiorari to quash the ruling of the High Court
CHRAJ represented by Nene Amegatcher, had argued that the commission could carry out investigations or initiate its own investigations when there has not been any formal complaint and said the court erred in quashing their decision.
J.K. Agyemang, counsel for Dr. Anane, had said the former Minister was only concerned about the mandatory steps which should have been avoided by CHRAJ in investigating him.
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