CHRAJ delivers mixed verdict on National Cathedral

The Commission on Human Rights and Administrative Justice (CHRAJ) has delivered a mixed verdict on its investigations into the construction of the National Cathedral, upholding parts of the complaints against the project coordinators while dismissing other aspects.

Specifically, the commission said the allegation of breaches of mandatory procurement proceedings under the Public Procurement Act (Act 663) as amended by Act 719 was justified.  

In a detailed report dated November 22, 2024, and signed by the Commissioner, Dr Joseph Whittal, the commission, however, concluded that the claim of conflict of interest relating to the Director of the National Cathedral, Rev. Victor Kusi-Boateng, was without merit based on the results of the investigations.

The North Tongu Member of (MP) Parliament, Samuel Okudzeto Ablakwa, had petitioned CHRAJ on a number of issues relating to the construction of the National Cathedral, alleging procurement breaches and the lack of transparency, among other infractions.

One of them was related to funds supposedly sunk into the project so far, and an invitation to CHRAJ to investigate various aspects of the funds.

On the nearly GH¢226 million allegedly spent so far on the cathedral’s site preparation, contractors’ mobilisation, US fundraising, consultants and symposia, the commission said it had no expertise to determine whether there had been value for money considering that the state of the project remained the same. 

The commission has consequently referred that aspect to the Auditor-General for a forensic audit on the construction of the National Cathedral project from its inception to date.

That, according to the commission, would help to ascertain whether the monies released so far had been properly utilised. 

Wrongful contract

The commission also found that a contract awarded to Ribade Company Ltd in relation to the National Cathedral construction had no legal basis, and was entered into contrary to the mandatory provisions of the Procurement Act. 

The commission consequently recommended that the board of the Public Procurement Authority should intervene to cancel the contract between the National Cathedral and Ribade Company since it had the power to do so under the procurement law.

The commission recommended further investigation and possible prosecution of the Board of Trustees of the National Cathedral who superintended over the award of the contract to Ribade Company in disregard to Act 663 as amended. 

“These breaches of the procurement laws have the potential of courting international embarrassment to the country considering its international status and that of Ribade Company Ltd,” the commission said. 

Background 

On January 16, 2023, the complainant, Mr Ablakwa, lodged a petition titled: “Petition for an investigation into state funds paid to JNS Talent Centre Limited by the Controller and

Accountant General’s Department and the National Cathedral of Ghana pursuant to Article 218 of the 1992 Constitution”.

He alleged deceit, abuse of power, conflict of interest, corruption and breach of public procurement procedures in the building of the National Cathedral.

He prayed the commission to investigate the appointment of contractors for the National Cathedral project, which, he believed, was done without adherence to relevant procurement laws.

He also prayed the commission to investigate a GH¢2.6 million and other payments made to JNS Talent Centre Limited from state resources.

He further wanted the commission to investigate conflict-of-interest complaints against Rev. Kusi-Boateng in his dual capacity under separate identities as Director of both the National Cathedral and JNS Talent Centre Limited and related matters.

He also prayed the commission to take appropriate action or steps to remedy, restrain, correct or reverse the alleged offending conduct or actions. 

Respondents

In a preliminary objection, the respondents, including the then Minister of Finance, Ken Ofori-Atta, and two members of the Board of Trustees of the National Cathedral, Apostle Prof. Opoku Onyinah and Rev. Kusi-Boateng, had raised issues against CHRAJ’s jurisdiction to investigate the matter.

Mr Ofori-Atta had argued that the allegation that the government breached the promise that it was going to construct and maintain the cathedral with funds raised from private entities and non-governmental organisations was a political issue which the commission had no jurisdiction over.

Again, the National Cathedral Board, chaired by Apostle Prof. Opoku Onyinah, had challenged CHRAJ’s jurisdiction to investigate the alleged procurement breaches, arguing that such mandate lay with the Attorney-General and not CHRAJ.

The Board further argued that the National Cathedral being a company limited by guarantee did not constitute a “state-owned enterprise” stipulated under Section 102 of the Public Financial Management Act, 2016 (Act 921), and, therefore, not covered under Section 14 (2) (e) of the Public Procurement Act, 2003 (Act 663) warranting the application of the said Act.

Other respondents, including Rev. Kusi-Boateng, also argued that the commission could only exercise its investigative jurisdiction over “persons” and or authorities and that “a Board’ of an artificial entity was not clothed with legal capacity to sue or be sued and by extension to be subjected to legal proceedings.

Opposition 

However, the complainant disagreed with these views and contended that the commission’s constitutional and statutory mandate related to the relief being sought.

In its ruling, Dr Whittal indicated that the commission had the mandate to investigate all instances of alleged or suspected acts of corruption and the misappropriation of public monies by officials pursuant to Article 218 (a) and (e) of the 1992 Constitution and Section 7(1) (a) and (f) of Act 456.

The commission said although it was mindful of its limited jurisdiction, the objections on procurement breaches were erroneous as the commission had the mandate to investigate all instances of alleged or suspected corruption and the misappropriation of public monies by officials under the constitution.