Court dismisses Dr Yankey's writ against CHRAJ

Accra, May 20, GNA - A writ filed by Dr George Sipa Yankey, former Minister of Health, compelling the Commission for Human Rights and Administrative Justice (CHRAJ) to hear his case was on Thursday dismissed= by the Human Rights Court.

It ruled that CHRAJ had a just cause for postponing hearing of the matter. According to the court if CHRAJ had gone ahead to hear the matter, that would have constituted contempt of court.


The court said following filing of application for judicial review against CHRAJ, if it had gone ahead to hear Dr Yankey that would have also constituted contempt of court.


It contended that the case of Dr Yankey that his rights had been violated under Article 19 (3) of the constitution following CHRAJ's refusal to hear the matter, was not supported by any evidence.


On the writ of mandamus, the court held that although Dr Yankey was not a party to the application for review; the end results would affect him. "In that instance, the writ of mandamus has also failed and same dismissed," the court said.


It however declined to award cost against Dr Yankey. Dr Yankey's counsel, Mr Kwame Gyan said they would be waiting for the outcome of an order of prohibition filed by six other former officials before taking any step.

Dr Yankey had gone to court to seek an order of certiorari to quash=


the decision by CHRAJ to suspend the public hearing of allegations of corruption in the Mabey and Johnson (M&J) case.


He was also seeking an order of mandamus directing and compelling CHRAJ to perform its constitutional and statutory duty by granting him an=


expeditious hearing in the case. Dr Yankey noted that CHRAJ's refusal to hear him constituted blatan= t and flagrant violation of his constitutional rights and freedoms enshrine= d in the 1992 Constitution.


In an affidavit in support of a motion on notice for the enforcemen= t of human rights, Dr. Yankey noted that CHRAJ's failure to hear him was causing pain and anguish, hardship and suffering as there was no clear indication from the commission as to when the public hearing would resume= .. Dr. Yankey was contending that as a young professional, and a Cabin= et Minister, he had to resign following commencement of investigations into the allegations on October 29, 2009 to devote time to clear his name. CHRAJ was investigating seven former officials in respect of allegations of corruption during the operations of M&J Limited in Ghana. However, public hearing by CHRAJ was halted following an order of prohibition application filed by six out of the seven former officials.

They are: Kwame Peprah, Alhaji Baba Kamara, Alhaji Boniface Abubakar Sadique, Alhaji Amadu Seidu, Brigadier-General Lord Attivor and Dr Ato Quarshie. In the motion filed by Mr Gyan, counsel for Dr Yankey, he noted that= on February 15, 2010, CHRAJ wrote a letter inviting his client for public hearing on March 15.


On March 15, Dr Yankey said he appeared before the Commission with h= is counsel but counsel for the other persons being investigated with the exception of him (Dr Yankey) raised objections on the grounds that they were not public officials at the time the acts of alleged corruption complained about was committed.


After the first public hearing, the Commissioner of Human Rights, Mr=


Emile Francis Short, and Chairman of the panel conducting the public hearing, granted live televised interview on Metro TV in which he alleged= ly discussed the on-going public hearing. According to the six officials the Commissioner's statements were pre-judicial.


During CHRAJ's next sitting on March 29, it ruled that because of th= e order of prohibition, it would not hear the matter and adjourned it to Ap= ril 7. Subsequently, on April 1, CHRAJ wrote to Dr Yankey that because of t= he application for review which had been filed at the High Court by the six former public officials, the public hearing had been suspended. According to Dr Yankey, unless CHRAJ was compelled by the AFTHC by a= n order of mandamus, it would continue to trample on his rights with impuni= ty, leaving him without recourse. 20 May 10