Ford gift saga: Mahama violated gift policy; but .. - CHRAJ
President John Dramani Mahama contravened the gift policy with regard to his decision to accept a ford vehicle gift from a Burkinabe contractor, the Commission on Human Rights and Administrative Justice (CHRAJ) has concluded.
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According to CHRAJ, it was satisfied that the gift in question formed part of gifts prohibited under the Gift Policy under the Code of Conduct and that although the evidence show that President Mahama subsequently surrendered the gift to the State, the action nonetheless contravened the gift policy.
That notwithstanding, the commission has also concluded that the President’s action did not amount to accepting a bribe.
This is because, upon evidence, the President submitted the Ford Expedition gift from the Burkinabe contractor, Mr Djibril Freres Kanazoe to the state.
CHRAJ also established that the President was not culpable of conflict of interest, bribery or fraud in relation to the manner in which the vehicle was given to him.
A 78-page extensive decision by CHRAJ on the matter, a copy of which was available to Graphic Online covered the genesis of the saga from the time the story was aired by Joy FM in June this year, to the various media publications, the subsequent petitions by individuals and groups, and the in-depth investigations by CHRAJ, which included the review of audio and video footages and various extensive interviews with ministers and public servants.
It also included recommendations with the Commission concluding that “full or further investigations into the allegations are not warranted. The allegations therefore, are hereby dismissed.”
The issues that triggered the investigative powers of CHRAJ in a preliminary investigation were contained in petitions by three complainants, the National Youth League of the Convention People's Party (CPP), the Progressive People's Party (PPP) and Nana Adofo Ofori.
Decision on 13 issues
The 78-page decision, after CHRAJ’s preliminary investigation, condensed the issues in the various petitions to 13 issues.
It interviewed two ministers, several public servants and conducted an inspection of the Ford Expedition vehicle at the Flagstaff House.
Various tax, procurement, and other laws were reviewed with decided cases and comments from experts including the former Commissioner of CHRAJ, Justice Emile Short.
Recommendations
CHRAJ made two recommendations.
The first was for the passage of the Conduct of Public Officers Bill which seeks to codify the current guidelines on conflict of interest and the regulations governing the regime of gifts in the country, including solicitation and the acceptance of gifts; what constitutes acceptable gifts; forfeiture and disposal of prohibited gifts; the keeping of gift registers, among several other regulations which the commission had been at the forefront of championing.
“The Bill has been before Parliament for two terms, but is yet to be passed,” CHRAJ said.
It also recommended compulsory training on the Code of Conduct for Public Officers and the Conflict of Interest Guidelines on assumption of office for public officials who occupy very high positions, among them, the President, Vice President and all appointees of the executive; the Speaker, Deputy Speakers, Members of Parliament, and senior staff of the Parliamentary Service; the Chief Justice, Members of the Judiciary, and senior staff of the Judicial Service.
It added that Heads of MDAs and MMDAs should ensure that all staff in their institutions receives compulsory training on the Code of Conduct for Public Officers and the Conflict of Interest Guidelines on assumption of office.
Download the full CHRAJ report here
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