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General News of Tuesday, 21 October 2003

Source: GNA

CHRAJ asks Bagbin to produce more information

Accra, Oct. 20, GNA - Mr Emile Short, Commissioner of Human Rights and Administrative Justice (CHRAJ), on Monday asked Mr Alban Bagbin, the Minority Leader in Parliament, to produce additional information to support the relief he is seeking in connection with the renovation of the President John Agyekum Kufuor's private house in Accra.

Mr Short further asked Mr Bagbin to clarify the extent of renovation and refurbishment done on the residence to enable the Commission to rule on the case on November 7.

The Commission gave the directives to Mr Bagbin, Chairman of the Public Accounts Committee of Parliament, who had filed a petition at CHRAJ asking the Commission to investigate the use of public funds to renovate and refurbish the private residence of President Kufuor in 2001 by Mr Jake Obestebi-Lamptey, then Chief of Staff, and Mr Kwamena Bartels, former Minister of Works and Housing.

He is asking the Commission to investigate allegations of financial impropriety against President Kufuor as well, since the two Ministers acted on his behalf.

Mr Bagbin's petition was in reaction to the exoneration of Mr Bartels and Mr Obestebi-Lamptey by a Committee set up by the Government to investigate allegations of impropriety in the award of the contract for the renovation of the President's private residence.

Mr Bagbin quoting Article 284 of the Constitution, said: "A Public Officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the functions of his office."

He said public funds were used in the renovation of the entire building of President Kufuor and as such the President should also be investigated citing Article 287 and 288 of the Constitution that grants CHRAJ the mandate to investigate Public Officers.

Mr Bagbin said; "the Commission can investigate the matter since it is not a law court and the Attorney General's Office should not be allowed to represent the respondents".

Ms Gloria Akuffo, Deputy Attorney General and Minister of Justice, speaking on behalf of the respondents admitted that there was an agreement to renovate the private residence of the President but she dismissed the claim that the entire building was refurbished. She said the renovation was limited to the external perimeter of the building to enhance security at the residence.

Ms Akuffo said that though the Commission could investigate cases involving Public Officials, the President could not be subjected to both criminal and civil cases while still in office since Article 57, clause 4 of the Constitution granted immunity to the President.

She said: "Though the Commission may investigate the case, the findings of the case would have to be enforced by the law courts and that would also imply that the President is being put before proceedings in court, which contravenes the Constitution".

Mr Kwamena Bartels, now Minister for Private Sector Development was present at the sitting but Mr Obetsebi-Lamptey, Minister of Tourism and Modernisation of the Capital City, was said to have travelled outside the country on official duties.