A.B. Adjei
In a recent judgment on July 13, 2023, the High Court presided over by Justice Audrey Kocuvie-Tay, has quashed a report by the Commission on Human Rights and Administrative Justice (CHRAJ) that made adverse findings against the former Chief Executive Officer of the Public Procurement Authority (PPA), A.B. Adjei.
The Court found that CHRAJ breached the fair hearing rule by substituting parts of the complaint filed by the Ghana Integrity Initiative (GII) with its allegations.
It also concluded that CHRAJ failed to allow Adjei to cross-examine the witnesses called during the investigation before reaching their conclusions.
Additionally, the Court held that CHRAJ failed to investigate the substantive complaints made by the GII, focusing instead on matters that were not part of the initial submissions.
The GII had petitioned CHRAJ to investigate Adjei and other members of the PPA for alleged corruption, conflict of interest, collusion, and inappropriate conduct.
The Court’s decision was based on the argument that CHRAJ is required to conduct its investigations based on the complaints it receives. It noted that CHRAJ introduced its complaint regarding failure to declare assets, which was not part of the GII’s complaint.
Furthermore, the Court criticized CHRAJ for not allowing Adjei to cross-examine the witnesses called to testify. The Court stated that Adjei needed to have the opportunity to face his accusers, as outlined by the regulations governing investigations.
In conclusion, the High Court quashed CHRAJ’s report and found that the Commission breached procedural rules and denied Adjei a fair hearing. The decision emphasizes the importance of fair hearings and adherence to proper investigative procedures.
By Vincent Kubi