CHRAJ explains why it did not investigate 2020 electoral violence that claimed eight lives

The Commission on Human Rights and Administrative Justice (CHRAJ) has stated that it does not have the authority to investigate the 2020 electoral violence that resulted in the deaths of eight individuals, due to similar cases already before some courts in the country.

In a report dated June 13, 2023, CHRAJ cited Article 219 of the 1992 Constitution, which prohibits the commission from investigating matters pending in the courts.

Furthermore, the CHRAJ Act, 1993 (Act 456) does not grant it the power to conduct such investigations, graphic.com.gh reports.

CHRAJ's conclusion came after preliminary investigations to determine if it could address a complaint lodged by two Members of Parliament, Samuel Okudzeto Ablakwa and Emmanuel Armah Kofi Buah, on August 26, 2021.

“The commission is of the considered view that its mandate to conduct any investigations into this complaint is clearly ousted by Article 219 (2) (a) of the 1992 Constitution, and Section 8(2) of Act 456,” CHRAJ stated in the report.

Despite acknowledging that the violence in four constituencies—Techiman South, Odododiodio, Ablekuma Central, and Savelugu—tarnished Ghana's democratic reputation, CHRAJ recommended that state institutions responsible for prosecution and adjudication expedite action on the electoral-related violent cases to deliver justice to the victims.

“There is the urgent need for all public officials and institutions charged with the responsibility of prosecuting and adjudicating on these matters that have been found by the commission to be pending before the courts to expedite action on bringing the trial of these cases to an end as soon as possible, especially as the next presidential and parliamentary elections are just a year and half away,” the report stated.

CHRAJ Commissioner, Joseph Akanjolenur Whittal, emphasized that the commission is bound by the powers granted to it by the constitution and Ghana's Parliament.

“It is the considered view of the commission as a creature of the Constitution and statute that it can only exercise the mandate clearly and expressly conferred on it,” he explained.

He further noted that certain laws aim to protect the integrity of other constitutional institutions.

“Ultimately, this commission must go to a court to enforce its decision. Now, if the matter is already pending before a court, and CHRAJ goes ahead to investigate, how will it be enforced if the outcome is different from the court’s decision?” he added.

Whittal clarified that the report was initially released to the complainants and respondents last year.

The public release was to counter the perception that CHRAJ had neglected the complaint.

The initial complaint by Ablakwa and Buah sought an investigation into alleged unlawful actions by officers of the Ghana Police Service and the Ghana Armed Forces (GAF), which reportedly led to the deaths and injuries in the four constituencies.

CHRAJ's report noted that the requested reliefs were the subject of three separate civil suits related to the Techiman South Constituency violence, pending before the Wenchi High Court.

The violence in the Odododiodio and Ablekuma Central constituencies is under prosecution by the Attorney-General.

Additionally, the Savelugu violence cases are in various stages of criminal proceedings, with some trials set to begin in the High Court and others under review at the A-G’s office.

NAY/AE

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