Freddie Blay and Joseph Whittal – CHRAJ Boss
An Accra High Court yesterday acquitted and discharged the Chairman of the ruling New Patriotic Party (NPP), Freddie W. Blay, of contempt of court charges brought against him by the Commission on Human Rights and Administrative Justice (CHRAJ).
“I must say that I find the attitude and conduct of officers of CHRAJ who handled this important matter to be incompetent and appalling,” Justice George Koomson said in his judgement, dismissing CHRAJ’s charge that Mr. Blay disrespected the commission and, therefore, ought to be punished by the court.
The commission had filed the application asking the court to commit Mr. Blay to prison terms for allegedly ‘failing’ to respond to their request on certain allegations of impropriety brought against him in the purchase of some 275 buses for his party.
The court held that CHRAJ failed to prove that Mr. Blay was actually served with the letters and the subpoena and deliberately failed to respond to the commission.
Contempt
CHRAJ had filed a motion at the court to commit Mr. Blay for contempt after they claimed he failed to respond to several requests from the commission to provide it with information regarding the 275 buses he donated to his party’s constituencies ahead of the NPP delegates’ conference in July 2018.
They even attached documents alleging that the NPP chairman had received the motion but had ‘failed’, ‘refused’ and or ‘neglected’ to oblige the commission with his comments as requested.
Blay Effort
Although CHRAJ could not serve Mr. Blay as directed by the court, the NPP chairman went ahead to obtain a copy of the application and subsequently filed an affidavit in opposition.
When Mr. Blay entered appearance in the contempt case, CHRAJ’s lawyers tried to raise an objection saying that the NPP chairman had filed affidavit in opposition when he had not been served.
CHRAJ also argued that it was in Mr. Blay’s averment that it was his lawyers who applied for photocopies from the court, as his application for copies has still not been met.
The presiding judge, however, wondered how that could be a ground for a preliminary objection by CHRAJ when they had earlier claimed that they were finding it difficult to serve the NPP chairman in person and had also created the impression that Mr. Blay was evading service.
Lawyers for CHRAJ and Mr. Blay were subsequently ordered by the court to file written addresses for the court to determine whether or not Mr. Blay disregarded CHRAJ and should be held by the court for contempt.
Judgement
Justice Koomson, in his judgement yesterday, found that CHRAJ had invited Mr. Blay to assist in investigations of a complaint not because he is a businessman or the chairman of NPP but because he is the Board Chairman of the Ghana National Petroleum Corporation (GNPC).
He, therefore, wondered why CHRAJ sent the letters and the subpoena to the office of DAILY GUIDE and the NPP Headquarters knowing very well that Mr. Blay is the Board Chair of GNPC and holds a public position.
CHRAJ Mischief
“In my view, unless the officers were being mischievous in their handling of this issue, I do not think any rational person would act in such a manner.
“I must say that I find the attitude and conduct of officers of CHRAJ who handled this important matter to be incompetent and appalling. Public servants must know that they are paid from the tax payers’ money and the people expect from them proper and competent execution of their duties. Such mediocre performance of duty should not be countenanced,” Justice Koomson held.
A cost of GH¢5,000 was awarded against CHRAJ.
BY Gibril Abdul Razak