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Public Agenda (Accra)

Ghana: CHRAJ Washes Hands Off Unibank Case

11 August 2008

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Accra — The Commission on Human Rights and Administrative Justice (CHRAJ) has observed that it does not have the mandate to enquire into the substantive case of whether or not Unibank allegedly used a collateral security of its customer, Mr. Robert Takuna Akeyom, to grant loans to a third party.

The Commission also says it cannot enquire into the veracity or otherwise of the investigation reports tendered by the Bank of Ghana and the Ghana Police Service on the same matter.

In its ruling dated August 1, 2008, CHRAJ says, "If the complainant had been labouring under the impression that the Commission can enquire into the matters it is not authorized under law to do, then that was unfortunate." This will leave many Ghanaians wondering what exactly CHRAJ has the mandate to investigate under the 1992 Constitution.

CHRAJ however, blames the Bank of Ghana and the Ghana Police Service for unfair treatment when they failed to give copies of the outcome of their investigations first to, Mr. Akeyom, who lodged the complaint against Unibank.

CHRAJ quotes the Ghana Police Service as saying explicitly that it declined to give the complainant copies of the report although he had duly applied for a copy and paid the required fee. "This injustice becomes more glaring against the backdrop of Robert Akeyom being the one who lodged the complaint with the 3rd respondent", says CHRAJ.

CHRAJ's observation of injustice against the complainant leaves him with no option than to go to court to seek the court's powers to set aside the Bank of Ghana and the Ghana Police Service's investigations.

Mr. Akeyom may also plead with the court to cause fresh investigations into the circumstances leading to the disappearance of the collateral and the circumstances under which the bank allegedly applied for a new collateral, using the same Indenture No AC 2670/83 and Land Certificate No GA/10362 at the Land Title Registry.

In February 2007, Mr. Akeyom dragged Unibank, the Bank of Ghana and the Ghana Police Service to CHRAJ to investigate circumstances under which a collateral (Indenture No. AC 2670/83 and Land Certificate No GA/10362) he allegedly submitted to first respondent (Unibank) to secure a loan disappeared and the role played by the Bank of Ghana (2ND respondent) and the Ghana Police Service (3rd respondent ) in covering up an alleged crime.

The ruling said, the Commission demonstrated its administrative justice role in the matter after it procured copies of the investigations of the Bank of Ghana and the Ghana Police Service and gave them to the complainant. "That is how far the Commission can go and not pretend to have oversight responsibility with regard to the Bank of Ghana and the Ghana Police Service."

In its report into the case dated October 31, 2006 procured by CHRAJ for Akeyom, the Ghana Police Service said the decision to discontinue with the criminal action against the bank was based purely on the evidence in the docket which underscored the civil nature of the matter.

Meanwhile, Unibank in November last year sued Akeyom and the Vanguard newspaper for allegedly tarnishing the reputation and image of the bank, the outcome of a press conference Akeyom held to bring his plight to the court of public opinion.

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