THE REPUBLIC VS FREDDIE W. BLAY EX PARTE: COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP GEORGE K. KOOMSON ‘J’.
Areas of Law
- Administrative Law
- Evidence Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Commission on Human Rights and Administrative Justice (CHRAJ) sought to have Hon. Freddie W. Blay committed for contempt, alleging that he ignored letters, a subpoena duces tecum, and a final reminder issued during CHRAJ’s investigation into a complaint by the Coalition for Social Justice concerning Blay’s role in the purchase of 275 buses for New Patriotic Party constituencies. Blay, a lawyer, businessman, GNPC Board Chair, and NPP National Chairman, denied service and contempt, asserting even the present application had not been served. The High Court held that contempt, being quasi-criminal, requires proof beyond reasonable doubt, including proof of notice. CHRAJ’s affidavits and exhibits showed defective service attempts (no recipient signatures, improper addresses, lack of acknowledgments), failing to establish notice. The court dismissed the committal application, acquitted Blay, and awarded costs of GH¢5,000 against CHRAJ.
In this contempt proceedings, the Applicants pray the Court to commit the Respondent to prison for disobeying the lawful request of the Applicant by failing or refusing to honour invitations sent to him by Applicant to respond to charges or complaints for corruption, abuse of office and non-compliance with the code of conduct for public officers.
A brief summary of the facts of the case is that, the Applicant, Commission on Human Rights and Administrative Justice (CHRAJ) is an independent Constitutional Body established under the Constitution of Ghana pursuant to Article 216 of the 1992 Constitution and the Human Rights and Administrative Justice Act, 1993 (Act 456). On the 6th July, 2018, the Commission received a complaint from the Coalition for Social Justice, which described itself as a Civil Society Organisation, registered under the Companies Act, 179, alleging corruption, abuse of office, and contravention or non-compliance with the code of conduct for Public Officers provided for in Chapter 24 of the 1992 Constitution, against Honorable Freddie W. Blay (The Respondent) herein.
The allegations made to the Commission against the Respondent are in respect of the Respondent’s role in the purchase of 275 buses for the 275 constituencies of the New Patriotic Party (NPP) and pursuant to articles 218 (a) and 287 of the 1992 Constitution of Ghana; Section 7 (a) and (f) of the CHRAJ Act, 1993 (Act 456) and Section 8 of the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550). The Respondent is the Board Chairman of the Ghana National Petroleum Corporation(GNPC), a public institution established under the laws of Ghana and for that matter, a public office holder.
The Respondent is also at all times material to this application the National Chairman of the ruling New Patriotic Party (NPP), a lawyer and a businessman.
It is the case of the Applicant that on the 6th July, 2018, the Commission received a complaint from the Coalition for Social Justice (CSJ). Upon receipt of the said complaint, the Applicant contends that it assessed the complaint and concluded that it has the mandate to investigate the complaint.
It is further the case of the Applicant that it commenced investigations into the complaint and accordingly wrote to the Respondent under cover of a letter dated 20th August, 2018, requesting the Respondent to submit his comments on the allegation within ten (10) days unless he admits the allegation.
Applicant furt