Sipa Yankey takes CHRAJ to court

Dr Sipa Yankey   Former Health Minister Dr. George Sipa-Yankey has taken legal action against the Commission on Human Rights and Administration Justice (CHRAJ). The suit is challenging CHRAJ's decision to suspend public hearings into the Mabey and Johnson bribery scandal. CHRAJ suspended the hearings last week after some of the other former public officers alleged to have been bribed by Mabey and Johnson filed a writ challenging the jurisdiction of CHRAJ to investigate the the matter. But Dr. Sipa Yankey, who resigned to clear his name, is insisting that CHRAJ should hear his case. His lawyer, Kwame Gyan, told Joy News’ Cyrus deGraft-Johnson after filing the suit at the Human Rights Court he was seeking an order of certiorari to quash the decision of CHRAJ to suspend the investigation indefinitely and an order of mandamus “to compel CHRAJ to give Dr Sipa Yankey a hearing.” Mr Gyan said Dr Yankey is eager to get his name cleared because the former minister “is a young man, a very reputable professional [who] had a very reputable position which he had to relinquish to come and clear his name. We are pursuing other efforts in the UK in the same regard of clearing his name and we need the man to have time and the energies freed up so he can pursue that effort in the UK and then also move on with his life.” Asked if Dr Yankey is still nursing plans to return to public office, the lawyer said “that is the prerogative of the President.” Source: Myjoyonline.com/Ghana *Fiifi Koomson contributed reporting

Lawyer protests open inquiry into M&J scandal

CHRAJ Boss Emile Short A legal practitioner, Nana Ato Dadzie, has raised issues over the decision of the Commission on Human Rights and Administrative Justice (CHRAJ) to institute an open inquiry into the Mabey & Johnson (M&J) scandal. Nana Dadzie, who is also a solicitor and counsel for Dr Ato Quashie, one of the persons mentioned in the M&J case, in a letter to CHRAJ, was of the opinion that the Commission ought not to be stampeded into an open inquiry in the M&J case when the very documents which formed the basis of the said allegations raised against the officials were unavailable or inadequate, as the Commissioner of CHRAJ, Mr Justice Emile Short himself stated recently. According to Nana Dadzie, CHRAJ's insistence on the probe would amount to double standards when, in February 2010, Mr Short had made a public pronouncement that CHRAJ "is unable to proceed with the M&J allegation probe because it has not received all the documentation on the allegations it seeks to investigate". He further stated that after reviewing the certified copy of the Regina vrs Mabey and Johnson case decided by the Southwark Crown Court dated 25/9/09, Suit No T20097513 forwarded to the solicitors by CHRAJ, he and his colleagues who constituted the defence counsel could not but agree with CHRAJ that "the said document cannot form the basis without more of any credible allegations for which a competent constitutional, legal and juridical body like CHRAJ would want to subject our client to any form of public enquiry". "Like CHRAJ, our client does not have access to all the documents which form the basis for the said allegations. Our client is not expected to respond to the allegations the basis of which is uncertain and which he has no access to," he added. He further stated that "a cursory reading of the judgement of the Southwark Crown Court referred to various other documents, material and private arrangements which went on between Mabey and Johnson and the SFO (UK), matters which were neither brought before the court nor seen by their clients". Nana Dadzie further stated that "the SFO, at Paragraph 194 of the ‘Prosecution Opening Note’ to the Southwark Crown Court, stated with emphasis that the SFO decided not to mention the names of certain directors, executives and employees of M&J at this stage because they may face trial in English courts". He said the SFO further stated that "the fact of the naming of certain directors, executives, employees of M&J and any others should not be taken by this court, the public and press as determinative of guilt of any of the persons named in this opening note. In the interest of fairness to those who are under investigation, no settled view concerning the culpability of individuals; whether named here or not, has been made". "If investigations are yet to be concluded concerning a number of unnamed and unidentified individuals allegedly involved in the case, then who are the alleged accusers of our clients for which a public inquiry is being held here in Ghana," he asked. Nana Dadzie claimed that the officials were never charged nor called as witnesses, nor were they party in the Southwark Crown Court trial, yet the English judge appeared to have admitted as fact allegations assumed against the Ghanaian officials by persons (new directors of M&J) whom they had never seen, met nor dealt with and whose alleged admissions in court their clients never had the opportunity to challenge nor test. Strangely enough, he said, the former directors who were in office at all material times had not been charged, prosecuted or given evidence in any case in which their clients were mentioned. He also re-affirmed the officials’ earlier objection to CHRAJ's jurisdiction to investigate allegations of corruption against them, since they were not public officers while those still in public office were not being investigated for allegations of impropriety with respect to their current office. Nana Dadzie was of the firm belief that the judgement of the Southwark Court was of doubtful constitutional, legal and evidentiary value under Ghana's criminal jurisprudence and a gross violation of all known natural laws, more especially their client's right to a hearing before being condemned, as happened in the Southwark Crown Court Case. "I wish to state that my clients cannot be part of the projected public inquiry when they, like CHRAJ itself, have no access to documents and records in this case, in spite of various unsuccessful public and private overtures by CHRAJ to relevant public bodies and individuals in the UK and Ghana 'fishing' for some evidence," he said. He threatened that their clients might have no choice under the circumstance but apply for a restraining order against CHRAJ from competent legal authorities in the event that the appeal by their clients to the law arid the Constitution of Ghana was not acceded to by CHRAJ. For the avoidance of doubt, Nana Dadzie added that their clients re-affirmed their earlier denial that they ever received any bribe whatsoever from M&J or any other company or individual to influence any decision they took in their former public office. Meanwhile, the Patron of the Democratic Freedom Party (DFP), Dr Obed Yao Asamoah, commenting on the issue, has accused Mr John Hardy, an international prosecutor, who was in the country recently, of pre-judging the case. According to Dr Asamoah, Mr Hardy's conduct fell below the expectation of the legal profession. "Some persons are expected to appear before CHRAJ, Hardy was here to pronounce the affected persons guilty. That was not proper,” he said. Source: Daily Guide/Ghana

Sipa Yankey to appear before CHRAJ today

Dr Sipa Yankey, former Health Minister Former Health Minister Dr George Sipa Yankey is expected to appear before the public hearings of the Commission on Human Rights and Administration Justice (CHRAJ) into the Mabey and Johnson bribery case, which begins today. Dr Sipa Yankey resigned after a UK court implicated him and other public officials as having received monies from UK construction firm Mabey and Johnson. He has maintained his innocence and at today’s initial hearing he is expected to put up his defence. The public hearings form part of the final phase of the commission’s investigations into the case. CHRAJ Commissioner Emile Short said a three-member panel will sit to hear Dr Yankey’s response. “In some cases that we investigate, it gets to a stage where it becomes necessary to take evidence; that is, witnesses are called to testify on both sides, that is from the commission and from the person that we are investigating…It is that stage that we have got to,” Mr Short told Joy News. “At the end of all the evidence, then we write a decision.” Other officials who were also named in the controversy include former Roads Minister Ato Quarshie, Alhaji Amadu Seidu and Boniface Abubakar Saddique. They have all denied the allegations of bribery against them. Your super station Joy 99.7 FM will bring listeners a live broadcast of the hearings. Source: Myjoyonline.com/Ghana

CHRAJ Probes 7 Mills Men

Related Stories The Commission on Human Rights and Administrative Justice (CHRAJ) has now announced that it is putting its acts together to begin full-scale investigations into the historic Mabey and Johnson (M&J) bribery saga. A press release dated 8th February 2010, issued in Accra yesterday and signed by CHRAJ Commissioner, Francis Emile Short, said formal hearing into the allegations made against the officials would commence as soon as the anti-corruption body receives documents it requested from the British Serious Fraud Office (SFO-UK). National Democratic Congress (NDC) kingpins were caught neck-deep in the bribery scandal that led to the resignation of ministers and senior officials of the Mills government. They included former Health Minister, Dr George Sipa-Yankey; former Finance Minister, Kwame Peprah; Alhaji Baba Kamara, Ghana’s High Commissioner to Nigeria; Amadu Seidu, former Minister of State at the Office of the President; Alhaji Boniface Abubakar Saddique, former Works and Housing Minister; Dr Ato Quarshie, former Roads and Highways Minister in the Jerry Rawlings regime; and Brig-Gen. (rtd) Lord Attivor. According to the release, even though the Commission had considered initiating investigations into the allegations, its eventual decision was largely provoked by a petition from the Coalition for Democratic Forces (CDF) and a request by President Atta Mills. “Even if the Commission had decided to commence the investigation on its own initiative, two other significant events occurred between 7th and 15th October, 2009. First, by a letter dated 12th October, 2009, the Coalition for Democratic Forces appealed to the commission to investigate the circumstances in which M&J won its contracts. “Second, by a letter dated 13th October, the Secretary to the President communicated to the Commission to undertake a thorough investigation into the matter.” CHRAJ said upon studying the transcript proceedings during the sentence hearing and the SFO’s opening note on the M&J case, the commission observed they were not exhaustive enough, and hence the need for deeper investigations, but it was not until in November that the affected people responded. “For one reason or the other, there were initial delays by the former public officials in furnishing the Commission with their comments. It was not until 30th November, 2009 that the commission received comments from all seven persons in the case.” It would be recalled that in January 2007, one Jonathan Danos, a former employee of M&J in Jamaica, claimed it was common practice for the company to bribe government officials in order to secure contracts, disclosing that Ghana and other countries were guilty of the offence. The case was taken to the SFO and in the course of hearing, the seven Ghanaian officials were named as bribe recipients during M&J operations in the 1990s. During the trial of the case in a UK court, there were confessions by officials of the construction firm to the effect that various sums of money were paid to some public officials in some African countries including Ghana, to influence the award of contracts for the company’s benefit. The officials told the court that they doled out various sums of money’s to persons who either were in government, or had the connections to influence decision makers to help the company win contracts in the country. President Mills, who had at the time of the revelation just returned from a hectic 10-day trip to the US, Venezuela and Britain, was slapped in the face with the stinking development, and he reportedly gave those in his government the hard option of resigning or getting booted out. Before then the Attorney-General, Betty Mould Iddrisu, was also dispatched to London for details of the case. On her return, the ministers in Mills Administration were dropped, but CHRAJ had already been petitioned to look into the matter. Spokesperson for CDF, Yaw Asamoah, later described the AG’s trip as a waste of the taxpayer’s money. “There is conflict of interest. Before the Attorney General even travels to the UK, they had come out to say that, all the allegations are not true. No Ghanaian would believe what comes out of it should it go out that these people are declared innocent. It is therefore a waste of nation’s resources,” he said. M&J won contracts worth close to £27million in Ghana at the time but it is not clear what percentage of the amount went into bribes, including alleged payments to support the NDC campaign in 2000 in which Mills was the party’s candidate. Source: Daily Guide/Ghana

CHRAJ chides gov’t for pampering military

Emile Short The Commission of Human Rights and Administrative Justice (CHRAJ) has lambasted government over its failure to condemn in no uncertain terms alleged human rights abuses by the military. Commissioner Emile Short told Joy News the government must be bold enough to whip the military in line when they go overboard. His concerns come amidst reports of grievous human rights abuses by the military which led to the manhandling and stripping of two men naked in Bawku for allegedly shooting indiscriminately into the air. Not long after the Bawku encounter, the military and some police men were said to have gang raped two women in Nalerigu in Tamale, where they were detailed to maintain law and order after some residents went on rampage over the murder of one of a colleague. The incidents, especially the second, provoked a huge public outcry against the military. Upper East Regional Minister Mark Wayongo believes the continued vilification of the military could demoralize them which might engender ‘blood bath’ in the region. The vice president John Mahama in his goodwill message to the Moslems on the occasion of the Eid-ul Ad-har said the two incidents though regrettable must not be used to tarnish the hard won reputation of the military. He opined the behavior of some of the military must be borne out of frustration after what appears to be an endless effort to bring peace to Bawku. “The soldiers too have families and they have come to stay there interminably for years trying to resolve the conflict. Sometimes the frustration gets to them and they occasionally might behave out of context,” he said. He said investigations have begun, but warned the perpetrators of that crime to desist from acts that will defame the military. But CHRAJ appears not impressed with government’s reaction. Emile Short said government may appear to be condoning the embarrassing acts if it fails to condemn out rightly the reported cases of human rights abuses. “I think they need to be encouraged. They need to be given all the support, both logistics as well and moral encouragement that they need. But at the same time when they go overboard, it is incumbent on all of us in the public office to be able to draw their attention to those excesses and to ensure that they don’t happen. Otherwise it may appear to be condoning them. And I think that is wrong.” Story by Nathan Gadugah/Myjoyonline.com/Ghana

M&J scandal: Gov't should aid CHRAJ with needed resources

The Ghana Anti-Corruption Coalition (GACC) has called on government to provide the Commission on Human Rights and Administrative Justice (CHRAJ) with all resources needed to investigate the Mabey & Johnson bribery scandal. The coalition, in a statement signed by its Executive Secretary, Mrs Florence F. Dennis, stated its satisfaction with government for referring the case to CHRAJ for investigation. The statement noted that government by doing this has demonstrated its “faith and confidence” in the commission as a constitutionally mandated body to fight corruption. “The handing over of this case to CHRAJ, a member of the Coalition, is a litmus test for the Commission which was set up under the Constitution to among other things investigate all instances of alleged or suspected corruption and the misappropriation of public monies by officials and to take appropriate steps including reports to the Attorney General and the Auditor General resulting from such investigations,” the statement said. According to the statement, the GACC is confident that CHRAJ has the track record and goodwill to investigate the allegations in a transparent manner. The Coalition also appealed to all relevant British Institutions, the public, especially public servants, politicians and the media to cooperate with CHRAJ to make its work easier. Investigations into the Mabey & Johnson(M&J) bribery scandal follows a ruling by a London court that cited some Ghanaian ministers, including, Dr Sipah-Yankey, Alhaji Amadu Seidu, Baba Kamara and Boniface Saddique as having taken bribes in the 1990s from officials of a UK construction firm, Mabey and Johnson. Meanwhile, CHRAJ’s Commissioner, Emile Short has promised that his outfit will demonstrate independence and neutrality in the investigation of the Mabey and Johnson (M&J) bribery scandal. He has, however, pointed out that the commission commenced its own investigations into the case before the President called on the them to initiate investigations into the matter. By: Dorcas Efe Mensah/myjoyonline/Ghana

Mabey and Johnson, Resignations are not enough

NEW. Watch live television from Ghana plus the latest Ghanaian movies plus OBE TV.

Ladies and Gentlemen,

I am "thrilled" that corruption has been exposed within our borders again, this time by powers far and yonder. Is it not a shame, that rather than we doing the job ourselves, we have allowed authorities elsewhere to reveal what this present government has always known?? Well, I strongly believe it is a shame and the players deserve no credit.

On Saturday 10 October 2009, Right Honourables George Sipa Yankey and Amadu Seidu became the latest victims in these turn of events. In short, we are told, they have resigned their positions. Ghanaians in our gullibility have commended them( the 2 ministers) for resigning and others have leapt to heaping praises on this president for tackling corruption. But let us look deep. Are we sure they deserve the praises we seem to be according them?? Did the government not know anything about this?? Did it have to send the Attorney General on a day trip to ascertain truths it(the government) has always known??

I am not certain the government knew nothing about it because it could have quizzed Chairman later President Rawlings for what he knew and the depth. Vice President John Evans Attah Mills, now President would have also known something about this too. To claim his ignorance of this issue would suggest two things; either he lied or that his eye was not on the ball and goes to suggest that his ability to do a better job is probably highly in doubt.

Instead, they wasted more tax payers money( apart from the cost to our country in bribes, loss of quality projects and probable loss of lives), for the Attorney General and Minister of Justice to travel to the United Kingdom for more answers. Perhaps, the AG, classed an "outsider" may not have known what the truth was and decided to hear things for herself. When they sent her out, they knew she would find the answers they always had. When she got back, we were told, there were closed door meetings between the Veep, the Chief of Staff and other close aides. See http://news.myjoyonline.com/politics/200910/36251.asp

I am personally of the view that the answers could have been sought by phone or video conference from Ghana and the cost would have been a third of what was spent for the round trip. This could very well have been done from the British High Commission in Accra. Even if this was funded by the SFO in the UK ( though I doubt it), it will still be a blot on our balance sheet somehow, in cash or in kind, one day.

The most troubling aspect of all of this is that, the government appointed people with doubtful ability, credibility and past and I am strongly of the view that Ex-President Rawlings knew what he was saying when he called those appointees "mediocre". After all, he was President at the time and a lot happened on his clock, though he is not prepared to tell and instead prefers to tell riddles and proverbs.

The president recently expressed full confidence in his ministers which to me was a bit disconcerting, especially when he knew that things could be heading disastrously wrong in his direction. Maybe, he did this as a politician, but this is an issue far too dear to Ghanaians and Africa for it to be toyed with. Leadership is difficult but once you ascend to it, you must govern and speak with care and a lot of wisdom.

Daily Post International, a Ghanaian newspaper also declared that Dr. Yankey is clean and claimed that was according to its intel. What an Intel that was! http://news.myjoyonline.com/news/200910/36237.asp

So far, 3 ministers have resigned from this government due to some underhand deals(Muntaka, Amadu Seidu and George Sipa Yankey). How many more are lined up to go?? There are others in other departments who also have questions to answer, including the current President and Ex-President Rawlings. They know a lot more than they are letting on and it is time we got some answers. No taking this lying down.

Here is what I think should happen; Ghanaians must demand of the government what it knows about the Mabey and Johnson issue. The government must not get away with a few resignations. It must explain to all of us what really happened and what it intends to do. I am not necessarily suggesting custodial sentence for those involved but I believe an explanation is good for us to plug the gaps in the tendering process. This is the first.

Again, if the court has seen fit that reparations be paid to the Ghanaian government, then it is only too right for those involved to also cough up money that was given them, for which reason, they stare into the political abyss.

Added to this, let's also see if due to bribery and corruption in this case, the projects (Mabey and Johnson's) delivered were late, shoddy or never delivered and whether they have resulted in the loss of lives of Ghanaians. In fact, was anything delivered by Mabey and Johnson at all?? It is all too easy to blame the police for accidents on our roads but it is also becoming increasingly clear that our politicians are equally culpable. If that is the case, then the courts must prosecute.

There are lessons for all of us to learn. Corruption is a serious issue that retards Africa's development. No country is immune from it, but it is how you go about it that shows whether you are serious and committed to tackling corruption or not.

In 1961, when Osagyefo Dr. Nkrumah's ( Ghana's President at the time) attention was drawn to corruption in his government, he began the dawn broadcasts, told it all and dismissed many from his government who were involved. This is what is laudable and a step that must be followed. This government and the others aren't prepared to "wash their dirty linen in public" but it must if it is serious about corruption. Ex-President did little or nothing about corruption, despite his pledge of zero tolerance towards corruption. Apart from Mallam Issah's jail term, nothing substantial was done about corruption. Those who commit crimes must pay for their crimes.

Thus far, in my humble opinion, it has not shown any will to honour its promise of fighting corruption "tooth and nail". It is rather throwing a "few dogs to the wolves" to appease the people. Not enough. The government must sacrifice a lot more and that may mean it goes all the way to the top.

In sum, we must do our "own house cleaning" and not allow others to do it for us, because after all, "The Black man is capable of managing his own affairs".

Kwaku Nkansah was the CPP Parliamentary Candidate for Offinso North in the 2008 Elections. These opinions are personal and do not in any way reflect what the CPP believes in. He can be reached at kwakunkansah@dkn4offfinsonorth.org

Source: Nkansah, Kweku