Accra (Greater Accra), 17 Nov. 1998 - The Commission on Human Rights and Administrative Justice has dismissed complaints alleging abuse of office and corruption against Mr Cletus Avoka, out-going Minister of Lands and Forestry, saying they are "without merit."

A 24-page report signed by Mr Emile Short, the Commissioner, on the allegations made by Mr Bugri Baba described the complaints as "based on speculation."

Mr Baba, who works with the GPRTU, had demanded in his petition sent to CHRAJ in July 1996 that "appropriate sanctions" be meted out to Mr Avoka, now Minister of Environment, Science and Technology, for breach of University Laws in the award of degrees by the University of Ghana.

He asked for disciplinary action to be taken against the Minister for "dishonest conduct by the General Legal Council."

Mr Baba asked CHRAJ to investigate the allegation in respect of abuse of office and acquisition of wealth as demanded by the Constitution.

The CHRAJ report said during the hearing, it was decided to restrict investigations to allegations of abuse of office and corruption and advised the petitioner to pursue the other reliefs with the University of Ghana and the General Legal Council.

Mr Baba had claimed that Mr Avoka, who is also the Member of Parliament for Bawku West, had committed various acts which constituted dishonest conduct, abuse of office and illegal acquisition of property.

In support of his allegations, he stated that the Minister had two official cars, a Toyota Corona and an Isuzu Trooper, as well as an Opel Record saloon car which he bought with a loan he received as a Member of Parliament.

He said the Minister had more official vehicles than he was entitled to as a public officer and used the Ministry of Lands and Forestry's Isuzu Trooper for politics.

Mr Baba said while Mr Avoka was Deputy Minister of Lands and Forestry, he occupied too many official government bungalows while his wife occupied a low cost house at Bolgatanga although she was staying with her husband in Accra.

The petitioner alleged that in less than six months after Mr Avoka's appointment as Acting Upper East Regional Minister, he built a bungalow at Zebilla at a cost which was beyond his known income.

Mr Baba alleged that Mr Avoka took the Ministry's video deck to his house where it was stolen, thus enablilng the state to incur a loss.

Mr Avoka denied all the allegations against him in his response to CHRAJ.

He said the Toyota Saloon car was purchased for his official use upon instructions from the Chief of Staff while the Isuzu Trooper belonged to the Ministry and he used it any time he was going on trek.

He handed the vehicle back to the ministry when he was appointed acting Upper East Regional Minister.

On the video deck, Mr Avoka stated that he took it home to record matches during the World Youth Tournament in Ecuador because his deck had been sent for repairs.

During that period, thieves broke into his house and stole the deck in addition to his personal items. The matter was reported to the police.

On the official bungalows, the Minister said the policy in place at the time was that the Sakumono flats belonged to the various constituencies and MPs who became Ministers or deputy Ministers and were allocated government bungalows, still maintained the flats in the event of their losing their ministerial positions.

He dismissed the petitioner's allegation that he also occupied the Bolgatanga residency, explaining that he was staying in a single room as the residency was gutted by fire and was undergoing rehabilitation.

He said he could not vacate the Laterbiokorshie bungalow when he was only acting as he could be brought back to Accra and cited the example of a colleague minister who was recalled to Accra as Deputy Minister.

Mr Avoka said the low cost house was allocated to his wife in 1988 by her employers, the Controller and Accountant-General's department.

The report said after investigating the petitioner's evidence on the cars, it found that there were contradictions and he did not challenge the respondent's evidence on the ownership of the Toyota Corona.

On the Isuzu Trooper, CHRAJ said in the absence of evidence to the contrary, the allegation that the respondent used it for politics was dismissed as unfounded.

The report said it was not in dispute that Mr Avoka owned a Nissan Blue Bird which he acquired in 1992 when he was a private legal practitioner and the commission found nothing wrong with this.

CHRAJ said it found nothing wrong with the respondent's ownership of the Opel since it was acquired by a loan granted to MPs.

On the official houses, the report said the petitioner neither challenged the Minister's assertions nor did he provide evidence to the contrary and found the allegation unfounded.

On the other houses, CHRAJ said it found his continued occupation of the Laterbiokorshie bungalow from March 1996 when he was confirmed Upper East Regional Minister to March 1997 when he was reappointed to Accra as unjustifiable.

"However, this conduct in itself did not amount to abuse of office. On the facts of the case, it cannot be said that the respondent used the advantage of his office to continue occupying the bungalow."

CHRAJ said government could have taken steps to remove him if they were not satisfied with his explanation for his continued occupation of the Laterbiokorshie bungalow.

CHRAJ said it did not find any act of impropriety on Mr Avoka's part that he stole the video deck and accordingly dismissed the allegation.

On the illegal acquisition of property, CHRAJ examined Mr Avoka's accounts, salaries and allowances.

Total funds available to Mr Avoka came to 53,728,358.80 cedis while expenditure on the Zebilla house amounted to 48,200,050.00 cedis.

"After computing all the respondent's sources of income and placing same against his expenditure for the period under investigation, the Commission finds that the respondent had enough funds to put up the Zebilla House.

"Indeed, his income exceeded his expenditure by 5,528,308.80 cedis. The Commission therefore concluded that the building was lawfully acquired by the respondent."