The Commissioner on Human Rights and Administrative (CHRAJ) says it would be premature to describe the action of former Sports Minister Muntaka Mubarak as constituting corruption.
Emile Short said the CHRAJ must thoroughly study evidence against Alhaji Muntaka before it passes any judgement. He was speaking in an interview with Kojo Oppong-Nkrumah, host of the Super Morning Show on Joy FM.
The Commissioner’s word follows calls by a pressure group, the Progressive Nationalist Forum, on CHRAJ to take the former minister through another round of investigations.
National Security cleared the Asawase Member of Parliament (MP) of wrongdoing when he was alleged to have misused public funds on an official trip with a female companion.
The ex-minister is also accused of using false information to acquire a visa for the lady.
Just when the matter seemed almost subdued by other national discussions, the President’s recent encounter with senior journalists last week at the Castle has given it even more fodder.
In an interaction with the media last week, President Mills described the former minister’s action as an “indiscretion” rather than corruption, a position strongly rejected by anti-corruption crusaders.
But whilst the PNF pressure group seeks to have CHRAJ take a second look at the Muntaka saga, Mr Short said: “We’ll have to make an initial determination as to whether his conduct constitutes any of the matters within our functions, namely: abuse of office, conflict of interest to corruption.”
“It will all depend on the facts; we’ll have to look at the facts and then make that initial determination of admissibility.”
Asked why CHRAJ, without an identifiable complainant, did not investigate the matter, Mr Short said the commission could not do so, citing a Supreme Court ruling on a similar case involving the former Roads and Transport Minister Dr Richard Anane.
“If it’s a matter of conflict of interest, then under the Supreme Court decision on Anane, we cannot investigate it. Also if it’s a matter that constitutes abuse of office, we cannot investigate it on our own initiative,” Mr Short said.
The court left substantially undisturbed an earlier High Court verdict which faulted CHRAJ – which had earlier recommended Mr Anane’s sacking – for investigating a matter without “any formal complaints from an identifiable person(s).”
The CHRAJ commissioner has however indicated that though the commission has not considered whether it could investigate the matter on its own initiative or not, it would “take a second look at it and see whether it is a matter that we can investigate on our initiative.”
Alhaji Muntaka Mubarak has since the investigation by National Security resigned but has denied any wrongdoing and described the whole circumstance as a set-up.
Play attached audio to listen to excerpts of Mr Shorts interview with Kojo Oppong-Nkrumah
Story by Fiifi Koomson/Myjoyonline.com/Ghana
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