Supreme Court to hear $2.25bn case against Ken Ofori Atta with or without CHRAJ

The Supreme Court has ordered the Commission on Human Rights and Administrative Justice (CHRAJ) to file a response within 14 days in a case in which the Finance Minister Ken Ofori Atta has been sued over the $2.25 billion bond issue.

The Supreme Court noted that it will commence hearing the case if CHRAJ fails to file a response.

This was after the court granted an application for extension of time filed by CHRAJ though they were not in court to move the application.

The apex court presided over by a sole judge Justice Yaw Appau wondered if the Commission was serious to contest the case.

He expressed shock that after filing for an extension of time CHRAJ failed to make an appearance.

He therefore exercised his discretion and granted the application though CHRAJ was not in court to move the motion since the other parties did not oppose the application.

A group calling itself Dynamic Youth Organisation of Ghana DYMOG in January sued the Finance Minister, Ken Ofori Atta, the Attorney General and the Commission for Human Rights and Administrative Justice [CHRAJ] over the $2.25 billion bond issue.

The group in its suit is invoking the proper jurisdiction of the Supreme Court to interpret Article 284 of the 1992 constitution.

This was after CHRAJ cleared the Finance Minister of conflict of interest allegations following a petition forwarded by a National Democratic Congress (NDC) member, Brogya Genfi.

CHRAJ in its report had stated that on the basis of the evidence available to the Commission, it has come to the conclusion and therefore holds that, the allegations by the complainant that the respondent has contravened Article 284 of the 1992 Constitution by putting himself in a conflict of interest situation in relation to the issuance of the 5-year, 7-year, 10-year and 15-year bonds, have not been substantiated.

But the leader of the group, Edward Tutor insisted the decision to clear the finance minister of any wrongdoing contravenes Article 284 of the constitution.

The case has been adjourned sine die.