A CONCERNED CITIZEN AND THE HON. ANTHONY BONDONG [2000]DLCHRAJ5743

Date	2000-11-20
Suit No.	(CHRAJ) Our Ref: CHRAJ/131/2000/480
Citation No.	[2000]DLCHRAJ5743

EMILE F

[2000]DLCHRAJ5743
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													<main id="main" class="content" style="min-height: 60rem" ><a name="_gjdgxs"></a><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">A CONCERNED CITIZEN<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">THE HON. ANTHONY BONDONG<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

Our Ref: CHRAJ/131/2000/480&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 20/11/2000<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>EMILE
F. SHORT COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 3.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 3.0pt 0in">DECISION<o:p></o:p>

</div>INTRODUCTION<o:p></o:p>By a letter dated 2 February 2000, an
anonymous complainant, who described himself/herself as a 'Concerned Citizen',
made a number of allegations of corruption and acts of impropriety against the
Hon. Anthony K. Bondong, Member of Parliament (MP) for the Lawra-Nandom
constituency and a member of the Lawra District Assembly. The main substance of
the allegations was that the MP had put himself in a situation of conflict of
interest in the exercise of his duties as an MP by obtaining some of the
District Assembly's contracts for companies in which he had an interest. It was
further alleged that he had misused the MP'S share of the Common Fund by
contracting his own companies to supply materials for projects in his constituency.<o:p></o:p>It
was also alleged that he led an ostentatious lifestyle, signified by his
ownership of large properties in Accra, Wa, and his home village of Tampie, as
well as several vehicles.<o:p></o:p>The Hon. Bondong refuted the allegations
and asserted that his own investigations had revealed that the allegations were
politically motivated. He contended that these allegations had been made by
individuals seeking to contest his parliamentary seat in the next elections.<o:p></o:p>At
the commencement of the hearing, Counsel for Hon. Bondong, the Hon. Mr. Aubyn,
challenged the Commission's jurisdiction to investigate the allegations. He
argued that S. 1 (1) of the Commission on Human Rights and Administrative
Justice (Complaint Procedure) Regulations, 1994 (C.1.7) only permitted the Commission
to investigate complaints which are made in writing or orally to the National
Office. He contended that since the allegations against the Hon. Bondong had
been made anonymously, they did not come within the purview of C.1.7, and the
Commission could not investigate the allegations.<o:p></o:p>The
Commission overruled the objection, explaining that Article 218 of the 1992
Constitution, and Section 7(f) of the Commission on Human Rights and
Administrative Justice Act, 1993 (Act 456), both of which take precedence over
C.I.7, empowered the Commission to investigate “all instances of alleged or
suspected corruption ...". Consequently, even though C.1.7 only refers to
"complaints", the present case was properly before the Commission.<o:p></o:p>Furthermore,
the allegation of conflict of interest vests the Commission with jurisdiction
under Article 287 of the 1992 Constitution, which empowers the Commission to
investigate an allegation that a public officer has contravened, or has not
complied with, a provision of Chapter Twenty-four (Code of Conduct for Public
Officers) of the Constitution.<o:p></o:p><o:p>&nbsp;</o:p>PRELIMINARY INVESTIGATION<o:p></o:p>The Commission conducted a preliminary
investigation into the allegations in order to determine whether a formal
investigation was necessary.<o:p></o:p>