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In accordance with section 18 of the Right to Information Act, 2019 (Act 989) (RTI Act), the President of the Republic, Nana Addo Dankwa Akufo-Addo, received a request on April 24, 2024, from the Media Foundation for West Africa (MFWA), for a copy of the KPMG report on the contracts and transactions between Ghana Revenue Authority (GRA) and Strategic Mobilization Limited (SML).
On December 29, 2023, the President had commissioned KPMG to conduct an investigation in order to obtain a comprehensive understanding of the contentious matters and to be appropriately advised in making the required decisions.
The President refused the MFWA’s request, citing the KPMG report as subjects excluded under section 5 of the RTI Act, in light of the Act’s provisions, including sections 5 (1) (a) and (b) (i).
Section 5 (1) (a) and (b) (i) of the RTI Act states that “information is exempt from disclosure where the information is prepared for submission or has been submitted to the President or Vice President for consideration or contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made or given to the President or Vice President and is likely to undermine the deliberative process on the part of the President or Vice President.”
In addition, a judge has declared in a case involving the Media Foundation for West Africa that it is permissible to reject a request for information that fits into the areas that the RTI Act exempts.
According to section 5 (1) (a) and (b) (i) of the RTI Act, the opinions, advice, discussions, and suggestions included in the KPMG report are essential to the President’s deliberative process and are thus exempt information. Therefore, it was appropriate for the Office of the President to deny MFWA’s request for a copy of the KPMG report.
It is important to recount that, even before the request from MFWA, the President had, on 24th April, 2024, caused to be published a detailed press statement outlining KPMG’s findings and recommendations, as well as his directives to the Ministry of Finance and GRA.
The Office of the President reiterates the necessity for those who file applications and requests under the RTI Act to have a thorough understanding of its provisions.
It is vital to appreciate that the legal framework for access to information includes safeguards intended to protect the sanctity of decision-making at the highest levels of government, which must not be compromised or misused in the pursuit of access to information.
However, the President, in the interest of full transparency in governance, openness, and honesty with the public, has decided to waive the privilege under section 5 of the RTI Act and has directed the publication of the KPMG report in full.
A copy of the KPMG report can be accessed from the website of the Presidency –www.presidency.gov.gh.
Eugene Arhin
Director of Communications
Source: Ghanatodayonline.com/Office of the President
