CHRAJ discontinues investigations into EC boss' asset declaration complaint

The Commission for Human Rights and Administrative Justice (CHRAJ) has ruled in favour of the Chairperson of the Electoral Commission (EC), Mrs Jean Mensa, over a complaint that she refused to declare her assets as required by law.

In its decision on June 4, 2020, CHRAJ held that at the time the complaint was filed on December 12, 2019, the EC boss had not filed her assets with the Auditor-General, but she filed her assets on February 17, 2020, after the complaint was brought to her attention.

Such a move, CHRAJ held, meant the EC boss had not refused to declare her assets as required by Article 286 of the 1992 Constitution.

According to the commission, having established that Mrs Mensa had complied with Article 286 of the 1992 Constitution, it was not necessary to continue with investigations into the complaint by the Alliance for Social Equity and Public Accountability (ASEPA).

That, CHRAJ said, was in line with Section 13 (1)(b) of the CHRAJ Act, 1993 (Act 456) which allowed the commission to refuse to continue to investigate a matter when it appeared that further investigation was not needed.

“Having established in the course of the investigation that the respondent (EC boss) has  now complied with Article 286 albeit late , the commission is of the considered opinion that the appropriate action , having regard to the circumstances of the case, is to refuse to investigate the matter any further as further investigation will not be necessary,” the decision signed by the Commissioner for CHRAJ, Mr Joseph Whittal, stated.

File your assets early

CHRAJ, however, advised Mrs Mensa not to delay in declaring her assets with the Auditor-General in the future.

“Based on the results of the investigations, the commission strongly advises the respondent (Mrs Mensa) to pay careful attention to her obligations under Article 286 to ensure that the delay that occurred previously in the declaration of her assets and liabilities does not occur,” CHRAJ said.

Complaint

On December 12, 2019, ASEPA, filed a complaint with a case that Mrs Mensa had failed or refused to declare her assets within three months as stipulated by Article 286 of the 1992 Constitution, although she became the Chairperson of the EC on January 8, 2018.

CHRAJ, after receiving the complaint, wrote to the Auditor-General on December 17, 2019, to ascertain whether or not the EC Chairperson had filed her assets as required by law.

On December 30, 2019, the Auditor-General replied CHRAJ, and stated that Mrs Mensa had not submitted to the Auditor-General a declaration of her assets.

Based on the response from the Auditor -General, CHRAJ established that the complainant had satisfied a basis for the commission to investigate the matter.

Response

The commission, therefore, forwarded a copy of the complaint to the EC boss to respond to the allegations levelled against her in line with the rules of natural justice.

In her response submitted to CHRAJ on May 12, 2020, Mrs Mensa informed CHRAJ that she had filed her assets and liabilities with the Auditor -General as required by law.

“She attached a copy of the official receipt dated February 17, 2020 from the office of the Auditor-General as evidence that she has submitted her assets declaration form,” CHRAJ stated in its decision. — #GhanaVotes2020