The Commission on Human Rights and Administrative Justice (CHRAJ) is said to have turned down a request to investigate Chief Justice (CJ) Kwesi Anin Yeboah over an alleged $5m bribe.
JoyNews sources explained that the Commission believes the matter is currently pending at an appropriate constitutional forum.
The CJ has been in the news following allegations by private legal practitioner Akwasi Afrifa that he had asked for a $5 million bribe to deliver a favourable judgment in a case involving his client.
The CJ has since denied the allegations and asked the Police Criminal Investigation Department (CID) to probe the matter.
Alliance for Social Equity and Public Accountability (ASEPA) contends the CJ is unfit to hold office and wants him removed.
The pressure group petitioned CHRAJ asking that it investigates the matter.
The Commission JoyNews understands realized a petition had been sent to the President by ASEPA seeking the removal of the Chief Justice over the same matter.
CHRAJ, JoyNews understands, holds the view that special provisions take precedence over general provisions.
So once the special provisions in the constitution provided for removal of the Chief Justice has been triggered, that should take precedence over the Commission’s mandate to carry out a probe that will effectively look into the same allegations.
The Commission, therefore, had opted to exercise its discretion under Section 13(1) of the CHRAJ to refuse to investigate the matter.
The said provision states
“Section 13—Refusal to Investigate.
(1) Where in the course of the investigation of any complaint it appears to the Commission-
(a) that under the law or existing administrative practise there is an adequate remedy for the complaint, whether or not the complainant has availed himself of it; or
(b) that having regard to all the circumstances of the case, a further investigation is not necessary.”