Dr. Tony Aidoo's counsel objects to GJA petition

Mr. Cletus Avoka, counsel for Dr. Tony Aidoo, former deputy Minister of Defence raised a preliminary objection challenging the basis on which the Ghana Journalists Association (GJA) petitioned the Commission on Human Rights and Administrative Justice (CHRAJ) on behalf of a Journalist.

In a submission before the commission, he questioned the relationship between the GJA and Mr. Seidi Bansah, a Senior Reporter of the Crusading Guide, newspaper.

"The GJA has failed to disclose the capacity in which it has instituted this petition as required by law. There is nothing to show that Mr. Seidi Bansah is a registered member of the GJA, save that he is a senior reporter of the Crusading Guide newspaper."

Mr. Avoka quoted Regulation 2.2 of Constitutional 1nstrument (CI). 7 of 1994, which states that " a person who lodges a complaint with the commission on behalf of another person shall state in writing the capacity in which he does so and the reason for doing so."

He argued that Mr. Bansah is alive, strong, knowledgeable and working and even did not approve of the petition by virtue of the fact that he did not endorse it personally.

Counsel submitted that the GJA's own constitution bars it from taking such an action.

He said Article 3.c. of the GJA constitution allows the association to provide "legal protection, moral and financial support" which according to him is not the same as the GJA becoming the petitioner itself.

"Mr. Bansah should be the petitioner and the GJA can provide counsel or money for counsel to represent him."

He said, "GJA is only a sympathizer and cannot sign the petition." Mr. Avoka further argued that the petition is incompetent in as much as it does not meet the statutory requirements of a valid petition as provided for under Rule 2(1) (e) of C1.7 of 1994.

"By this rule, the relief sought by the complainant must be clearly itemised and unambiguous so that the respondent will know the nature of the penalty or sanctions that await him if he is found liable."

He described the petition as based on hearsay and this does not warrant the commission to undertake any investigation in such circumstances.

Mr Avoka prayed the commission to settle the matter "amicably" to forestall any bad blood between the parties...After all what sanctions can we give and enforce at the end of the day?"