A CONCERNED CITIZEN AND THE HON. ANTHONY BONDONG [2000]DLCHRAJ5856

Date	2000-11-20
Suit No.	Our Ref: CHRAJ/131/2000/480
Citation No.	[2000]DLCHRAJ5856

EMILE F.

[2000]DLCHRAJ5856
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													<main id="main" class="content" style="min-height: 60rem" ><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>(COMPLAINANT)<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><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 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 1.0pt 0in">(CHRAJ)<o:p></o:p>

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; DATE: 20/11/2000<o:p></o:p>

</div>commissioner:<o:p></o:p>EMILE F. SHORT THE <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:#111100">COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<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:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">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.I.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.1.7, 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>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>Investigators from the Commission visited a number of areas in the
Upper West Region, including Lawra, Nandom, Tumu and Bolgatanga. In the course
of their investigations they interviewed more than 20 people, including the
Hon. Bondong, and inspected properties at WA, Lawra and Tampie, as well as
three vehicles. They also examined 'records relating to tenders and awards of
contracts of the District Assembly and requested information about projects
financed from the MP's share of the Common Fund.<o:p></o:p>