Supreme Court Decides On Jake Obetsebi-Lamptey

The Supreme Court, presided over by Justice William Atuguba, will on May 9, 2012 give judgment on whether or not Jake Obetsebi-Lamptey, Chairman of the New Patriotic Party, had the right to purchase a government bungalow. The court will also decide if the buying of state property by the NPP Chairman, who was then minister for Tourism and National Orientation, amounted to gross abuse of discretionary powers of a public officer. This is a case in which Samuel Okudzeto-Ablakwa, Deputy Minister for Information and Dr. Omane Boamah, Deputy for Youth and Sports, have accused the NPP chairman of conflict of interest and have gone to the Supreme Court seeking an interpretation of Articles 20 (5) and 20 (6) of the constitution regarding ownership of state property. Dr. Benjamin Kunbour, Attorney-General, who appeared on behalf of the state, accompanied by a senior state attorney, told the court that the state would like to rely on its earlier statement of case, when asked by the justices if they would like to add anything to what they had already filed. Kwabena Senanu, counsel for the ministers, also told the court he would rely on their amended statements of case, after which Francis Arthur, counsel for Jake Obetsebi-Lamptey, also said they were relying on their statement of case. The presiding judge, Justice Atuguba, then announced the date for judgement. In the course of the hearing, a preliminary objection raised by counsel for Obetsebi-Lamptey that the court had no mandate to hear a case brought before it by the two ministers was dismissed. The nine-member panel noted that although the case passed for a land case, which falls within the domain of the High Court, the plaintiffs were not laying claim to the property in question but rather seeking an interpretation of several provisions of the Constitution regarding state property ownership. According to Justice William Atuguba, it had jurisdiction, by law and precedents, to hear the case which bordered on constitutionality and public interest. Other members of the panel were Justices Sophia Akuffo, S. A. Brobbey, Sophia Adinyira, Rose Owusu, Jones Dotse, Baffoe Bonnie, B. T. Aryeetey and Vida Akoto Bamfo. Justice Adinyira also noted that where there was a case of conflict of interest in the administration of public lands, the constitution conferred the right on the public to take action to protect the state. That, she stated, would ensure that public officers did not breach the constitution to ensure probity, accountability and good governance. In 2008, Mr Ablakwa and Dr. Boamah brought the action against Mr Obetsebi-Lamptey, seeking a declaration from the court that he had no right to buy the bungalow at No 2 Mungo Street, in the Ridge residential area, he was occupying at the time. The plaintiffs had argued that the action of Mr contravened Articles 20 (5) and 20 (6) and smacked of cronyism and gross abuse of discretional powers of a public officer. However, Mr Obetsebi-Lamptey raised a preliminary objection, saying the court had no mandate to hear the case. His argument was that the right procedure was for the plaintiffs to apply to the Commission for Human Rights and Administrative Justice (CHRAJ), if they thought he was abusing his office by applying to purchase the bungalow.