CHRAJ says it is investigating 428 cases of non-compliance with Assert Declaration law

The Commission on Human Rights and Adminsitrative Justice (CHRAJ) says it is investigating 428 cases involving public officials who failed to comply with Article 286 (1) of the Constitution, 1992, which requires them to declare asserts upon assumption and exit of public office.

The Director of Anti-Corruption at CHRAJ, Stephen Azantilow, mentioned at a forum organised by the Media Foundation for West Africa (MFWA) on Tuesday.

Although he did not name the particular public officials involved, he is reported to have said the investigations extends to officials who failed to declare their assets in 2020.

About 284 of the cases being investigated were also from petitions submitted to CHARJ in August, he said. 

CHARJ is required by law, per article 287 to investigate compliants over non-compliance with Article 286. 

“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.

(2) The Commissioner of Human Rights and Administrative Justice or the Chief Justice as the case may be, may take such action as he considers appropriate in respect of the results of the investigation or the admission.”

The law on Assert Declaration

Article 286 of the Constitution, 1992 concerns the issue of assert declaration by public officers. The law states;

(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) 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.