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The Petitioner in the US$2.25bn Bond Saga, Yaw Brogya Genfi, has once again petitioned the Commission on Human Rights and Administrative Justice (CHRAJ) to investigate a case of non-disclosure of all assets by the Finance Minister, Ken Ofori-Atta.
Brogya Genfi had earlier petitioned CHRAJ in April 2017, to investigate Ken Ofori-Atta’s position in the issuance of the bond.
After five months of investigations, which included interviews with the parties involved, industry players, transaction advisors, security brokers and the Registrar General., and the review of guidelines, regulations, laws, and other documents, CHRAJ concluded that, “On the basis of the evidence available to the Commission, it has come to the conclusion and therefore holds that the allegations by the complainant that the respondent has contravened Article 284 of the 1992 Constitution by putting himself in a conflict of interest situation in relation to the issuance of the 5-year, 7-year, 10-year and 15-year bonds, have not been substantiated.
The decision was contained in a 140-page document detailing the investigations, analysis and conclusions of the investigations.
However Brogya Genfi is insisting there are many illegalities committed by the Finance Minister spelt out by CHRAJ in the report.
The Petitioner Yaw Brogya Genfi, in Pursuant to CHRAJ report with reference number: CHRAJ/129/2017/424 and dated 22nd December, 2017, in which the Commission responded to his petition to investigate a case of contravention or failure to comply with Article 284 of the 1992 Constitution by The Honorable Minister of Finance, Ken Ofori-Atta, a public officer; has petitioned CHRAJ again to investigate a case of non-disclosure of all assets and liabilities by a public officer, Ken Ofori Atta (Minister of Finance).
On April 25, 2017, Mr. Brogya Genfi petitioned CHRAJ in a letter titled “Petition to investigate conflict of interest in the recent US$ 2.25 billion bond issued by the Government of Ghana through the Ministry of Finance.”
In Brogya Genfi’s petition, he alleged that, “a number of issues of conflict of interest and lack of transparency have emerged from the bond issuance.”
According to him, the bonds were not on the issuance calendar, and that the transaction seemed to have been shrouded in secrecy with the bond processes being limited to one day compared to past processes that were open.
Mr. Brogya Genfi said one single investor, Franklin Templeton Investment Limited, an American global investment management organisation founded in 1947 purchased 95 per cent of the bond issued.
He insisted that, “a relational interest existed between the Minister of Finance and Mr Trevor G Trefgarne, who in a semi-annual report of the Franklin Templeton Investment Limited of December 31, 2016 is one of the Board of Directors of the organisation, while also being the Chairman of the Enterprise Group Limited.
Find attached a copy of the new Petition by Mr. Brogya Genfi to CHRAJ
YAW BROGYA GENFI
C/O NUROM HOTELS LIMITED PLOT 10 BLOCK G P.O. BOX 1400, ADUM, KUMASI SUAME EXTENSION TEL : 233 249 582 140 NEW SUAME, KUMASI EMAIL : firstname.lastname@example.org
COMMISSION ON HUMAN RIGHTS & ADMINISTRATIVE JUSTICE (CHRAJ) ACCRA
January 19, 2018
PETITION TO INVESTIGATE A CASE OF NON-DISCLOSURE OF ALL ASSETS AND LIABILITIES BY A PUBLIC OFFICER, HONOURABLE KEN OFORI ATTA (MINISTER OF FINANCE)
Pursuant to your report with reference number: CHRAJ/129/2017/424 and dated 22nd December, 2017, in which the Commission On Human Rights And Administrative Justice (CHRAJ) responded to my petition to investigate a case of contravention or failure to comply with Article 284 of the 1992 Constitution by The Honourable Minister of Finance, Ken Ofori-Atta, a public officer; your report established among other things that the Respondent (Minister of Finance) did not disclose all his Assets.
It is imperative that CHRAJ investigates further this flagrant disregard for the 1992 Constitution of the Republic of Ghana and other statutes to protect the national interest as per its mandate under article 287 of the 1992 Constitution of the Republic of Ghana.
There is enough information in the report – “YAW BROGYA GENFI AND KEN OFORI-ATTA, 129/2017/424” to merit an investigation of non-disclosure of ALL assets and liabilities by the Respondent;
1.1 “The Commission discovered from the assets disclosure that the Respondent did not disclose to the Auditor-General that he is a shareholder in Databank Financial Services Limited, Databank Brokerage Limited, and Databank Financial Holdings Limited” (Page 86, final paragraph).
1.2 “It is observed that the Respondent had other assets which he did not disclose in his Assets Declaration Form. They include his interest in Databank Financial Services Limited and Databank Brokerage Limited” (Page 120, paragraph 2)
1.3 “…These interests, which were disclosed in the Assets Declaration Form at the Auditor-General’s have also reflected in the returns of companies in which the Respondent has interest, except that the Respondent did not disclose that he is a shareholder in Databank Financial Services Limited and Databank Brokerage Limited” (Page 131, Paragraph 2).
2.0 Requisite laws of Ghana contravened by The Honourable Ken Ofori Atta
The report showed clear violation of certain provisions of the 1992 Constitution and other statutory provisions contained in the Public Office Holders (Declaration Of Assets And Disqualification) Act, 1998 (ACT 550).
2.1 The 1992 Constitution of the Republic of Ghana Article 286:
1. “A person who holds a public office mentioned in clause (5) of this article shall submit to the Auditor-General a written declaration of all property or assets owned by, or liabilities owed by, him whether directly or indirectly.
(a) within three months after the coming into force of this Constitution or before taking office, as the case may be,
(b) at the end of every four years; and (c) at the end of his term of office”
2.2 Public Office Holders (Declaration Of Assets And Disqualification) Act 1998, (Act 550)
Section 1- Declaration of Assets and Liabilities by Public Office Holders
(1) Pursuant to article 286 of the Constitution, a person who holds a public office mentioned in section 3 of this Act shall submit to the Auditor-General a written declaration of —
(a) all properties or assets owned whether directly or indirectly by that person and (b) all liabilities owed whether directly or indirectly by that person.
Section 4- Properties subject to declaration
The properties which shall be declared under this Act are, (a) lands, houses and buildings;
(d) trust or family property in respect of which the officer has beneficial interest;
(e) vehicles, plants and machinery, fishing boats, trawlers, generating plants;
(f) business interests;
(g) securities and bank balances;
(h) bonds and treasury bills;
(i) jewellery of the value of five million cedis or above; objects of art of the value of five million cedis or above;
(j) life and other insurance policies; and
(k) any other properties specified on the declaration form.
3.0 Commission On Human Rights And Administrative Justice’s Mandate
The 1992 Constitution of the Republic of Ghana provides that an allegation that a public officer has violated any provisions under Chapter 24 (Code of Conduct for Public Officers) shall be made to CHRAJ for investigation. Again, both ACT 550, 1998 and ACT 456, 1993 provides for a complaint to be lodge with CHRAJ for a matter concerning non-disclosure of all assets by a public officer to be investigated.
3.1 The 1992 Constitution of the Republic of Ghana Article 287:
2. “Failure to declare or knowingly making false declaration shall be a contravention of this Constitution and shall be dealt with in accordance with article 287 of this Constitution”.
1. “An allegation that a public officer has contravened or has not complied with a provision of this Chapter shall be made to the Commissioner for Human Rights and Administrative Justice and, in the case of the Commissioner of Human Rights and Administrative Justice, to the Chief Justice who shall, unless the person concerned makes a written admission of the contravention or non-compliance, cause the matter to be investigated”.
3.2 Commission On Human Rights And Administrative Justice Act, 1993 (ACT 456) Section 7 – Functions of the Commission
(1) “In accordance with article 218 of the Constitution, the functions of the Commission are;
(e) to investigate allegations 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”.
3.3 Public Office Holders (Declaration Of Assets And Disqualification) Act, 1998 (ACT 550).
Section 8- Complaints in respect of Contravention
(1) “In accordance with article 287 of the Constitution, an allegation that a public officer has contravened or has not complied with a provision of this Act shall be made to the Commissioner for Human Rights and Administrative Justice and, in the case of the Commissioner for Human Rights and Administrative Justice, to the Chief Justice who shall unless the person concerned makes a written admission of the contravention or non-compliance, cause the matter to be investigated”.
4.0 My Substantive Case
As established by your investigations into my earlier petition, and lucidly stated in your report, Mr. Ken Ofori Atta failed to declare ALL his assets, as emphasized in pages 86, 120 and 131 of your report, “YAW BROGYA GENFI AND KEN OFORI-ATTA, 129/2017/424”.
As has been explicitly and extensively illustrated above, the Respondent’s failure to do so contravenes several laws of this country, as contained in Articles 286 and 287 of the 1992 Constitution of Ghana, as well as Sections 7 and 8 of the Public Office Holders Declaration of Assets and Disqualification Act,1998 (Act, 550).
According to your report, documents from the Registrar-General’s department showed clearly that the Respondent (Ken Ofori Atta) was a shareholder in Data Bank Financial Services Limited, Data Bank Brokerage Limited and Data Bank Financial Holdings Limited. The Respondent however failed to state in his asset declaration forms presented in March, 2017, to the Auditor-General that he had shares in the three companies listed above.
It is my contention that there may be more of such assets and or liabilities of the Respondent which were not disclosed to the Auditor-General deliberately, in order to conceal vital information relating to his duties as the Minister of Finance.
As enshrined in the CHRAJ Act, 456 of 1993, 1(e), in which your noble office has been enjoined to investigate allegations that a public officer has contravened or has not complied with a provision of Chapter 24 of the Constitution, I humbly petition your high office to cause an investigation into the conduct of Mr. Ken Ofori Atta, in order to establish the facts surrounding the above which in my humble estimation constitutes a deliberate non-disclosure of all assets of Mr. Ken Ofori Atta.
Yours in the Service of the Nation
YAW BROGYA GENFI (CITIZEN OF GHANA)
H.E. President Akufo-Addo Flagstaff House, Accra
Rt. Hon. Speaker of Parliament Parliament House, Accra
Her Ladyship the Chief Justice Judicial Service of Ghana
The Hon. Minister
Ministry of Finance, Accra
The Hon. Minister
Ministry for Justice &
Attorney General, Accra
Source: Daniel Kaku
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