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Initially, it was expected that he will be vetted on Saturday (December 21, 2019). But the Minority opposed it arguing that it had not been given enough notice.
The Minority accused the Chairman of the Appointments Committee of Parliament, Joseph Osei-Owusu, of attempting to rush the process through.
Both parties of the committee subsequently reached an agreement after further consultations and an intervention by the leadership of the House.
The vetting will go on despite the call by the Alliance for Social Equity and Public Accountability (ASEPA) for the committee to hold on with the vetting.
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The Executive Director ASEPA, Mensah Thompson said Parliament must hold on with its vetting of Justice Anin Yeboah to allow for CHRAJ to complete investigations on a petition against the nominee.
He alleged that Justice Anin Yeboah has not disclosed his assets and liabilities as required by law. He argued that if Parliament approval of Justice Anin Yeboah will be contrary to article 286 of the 1992 Constitution which demands that a public officer declares all assets or liabilities in a written document to the Auditor General.
“Once CHRAJ has told us that it is commencing an enquiry into this allegation, then we believe that Parliament should hold on to the vetting of Justice Anin Yeboah so that CHRAJ can make a determination of the matter and then they can continue with the vetting. Parliament vetting Justice Anin Yeboah and subsequently approving could prove to be prejudicial to the processes going on at CHRAJ.”
He has also petitioned the Speaker of Parliament over the nomination of Justice Anin Yeboah as the Chief Justice.
He said that a Parliamentary approval of Justice Anin Yeboah will be contrary to Article 286 of the 1992 constitution because he has allegedly not disclosed his assets and liabilities as required.
“The basis of my petition is that I have filed a complaint against the nominee with the Commission of Human Rights and Administrative Justice (CHRAJ) under article 286 of the 1992 constitution for non-disclosure of assets and liabilities. I have attached to this petition my letter to CHRAJ and the acknowledgment of receipt for your attention. The approval has been a Justice of the Court of Appeal since 2008 and was required under the constitution of Ghana which is the highest law of the land, to have declared his assets and liabilities.”
Asset declaration law
Article 286 of the constitution of Ghana states that: “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.”
The public offices to which the provisions of this article apply are those of the President of the Republic; the Vice-President of the Republic; the Speaker, the Deputy Speaker and a Member of Parliament; Minister of State or Deputy Minister; Chief Justice, Justice of the Superior Court of Judicature, Chairman of a Regional Tribunal, the Commissioner for Human Rights and Administrative Justice and his Deputies and all judicial officers.