According to him, even though the Commissioner of CHRAJ enjoys the privileges of a court of appeal judge, she cannot be investigated as a judiciary staff.
Ms Lamptey reportedly spent $148,000 on rent for 33 months. Additionally, she spent $180,000 on the renovation her official residence.
Although she has explained the circumstances under which the money was spent, there has been a public outcry for her to be removed from office.
The Member of Parliament for Nsawam Adoagyiri, Mr Frank Annor-Dompreh, and Progressive Nationalists Forum (PNF) have submitted separate petitions to the President asking for the removal of Ms Lamptey. It is following this that the President directed the Chief Justice to investigate the claims.
But speaking on Joy FM Monday afternoon, Lawyer Ayikoi Otoo stated that the Chief Justice did not have the power to investigate Ms Lamptey since she was not a judiciary staff.
He noted however, that what the Chief Justice could do was to refer the petition forwarded to her by the President to the Defence Committee of the Judicial Council.
He explained that, “Madam Lauretta Lamptey has the status of a court of appeal judge but she is not strictly speaking, sitting as a court of appeal judge within the judiciary neither is she a judiciary staff. The mere fact that she owns the position as a court of appeal judge means that it is the judicial council that has to deal with any matter involving indiscipline.”
He was however, sceptical if the Defence Committee of the Judicial Council may have the requisite authority to handle the matter, adding that, due to the fact that she was a public servant, the Public Service Committee may have jurisdiction over the matter.
“Looking at the arrangement, it doesn’t appear that they can deal or exercise jurisdiction over persons who are not judicial service workers. We can find a solution one way or the other. She is a public servant and if she is a public servant, we have the public service committee and the rest to handle this matter,” Lawyer Ayikoi Otoo explained.
-Daily Graphic