Attorney General and Minister of Justice, Marietta Brew Appiah Oppong

MMT bus branding: Court orders Ministry of Transport to provide full disclosure (UPDATE)

Victor Kwawukume Apr - 13 - 2016 , 14:16

The Accra High Court yesterday ordered the Ministry of Transport to make full disclosure of the contract for the rebranding of the 116 buses procured for the Metro Mass Transit (MMT) Limited.

Seven individuals, acting in the name of a pressure group, the Citizen Ghana Movement, had prayed the court to direct the Minister of Transport to furnish them with copies of the contract for the branding of the buses and copies of all documents relating to the contract.

The applicants, who claim citizenship of Ghana, are Mr Lolan Ekow Sagoe-Moses, Ms Kathleen Addy, Mr Francis Kennedy Ocloo, Mr Evans Amegashie, Mr Yaw Baffuor Ankomah, Mr Kwame Barkers Ansah and Mr Michael Annor.

Counsel for the defendant, the Attorney-General, had argued that the applicants had erred in bringing the case to the High Court instead of the Supreme Court.

But the court ruled that the case was within the reaches of its jurisdiction so long as public funds were used in the transaction, adding that the public had the right to access all information in that regard.

The court, presided over by Mr Justice Anthony Yeboah, however, added a caveat: that information that bordered on national security could not be accessed and that if the information to be accessed involved cost, it had to be borne by the persons seeking such information.

Case of applicants

The applicants had insisted in their affidavit that one of the cornerstones of the 1992 Constitution was the principle of freedom, justice, probity and accountability.

They asserted that Article 41(f) of the 1992 Constitution enjoined citizens to protect and preserve public property and expose and combat the misuse and waste of public funds and property.

They, therefore, maintained that their action was brought in the spirit of probity and accountability and pursuant to their civic responsibility under Article 41(f) of the Constitution.

It was their case that some time last year, reports emerged from Parliament that revealed that the government, acting through the Ministry of Transport, spent GH¢3.6 million on the branding of 116 buses at a cost of approximately GH¢31,000 per bus.

Following the revelation, the applicants said the artist who branded the bus granted interviews to the media, in which he claimed he charged GH¢1,600 per bus.

“But there has been no official reaction from the Ministry of Transport concerning the claims made by the artist,” the affidavit said.

They said Article 21(f) of the 1992 Constitution guaranteed them the fundamental right to information.

Background

The use of GH¢3.6 million of oil funds for the rebranding of MMT buses generated controversy in Parliament on Tuesday, December 16, 2015, with the Minority Leader, Mr Osei Kyei-Mensah-Bonsu, questioning the move by the government.

The rebranding of the buses, which involved the embossment of the pictures of President John Dramani Mahama and former civilian heads of state and government of Ghana and the painting of the buses in the national colours, according to the 2015 annual report on Petroleum Funds, cost GH¢31,000 each.

Attivor’s resignation

Following the controversy, the Minister of Transport, Mrs Dzifa Attivor, resigned.

In a statement, she said she had already communicated the decision to President Mahama through the Chief of Staff, Mr Julius Debrah.

“Mrs Attivor wishes to inform the good people of Ghana that as the minister with oversight responsibility for the activities of the MMT, she has tendered in her resignation as minister due to the current issues surrounding the branding of 116 buses,” it said.

Probe

In an effort by the government to get to the bottom of the matter, Mr Debrah directed the A-G and Minister of Justice, Mrs Marietta Brew Appiah-Opong, to probe the spraying and branding of the buses.

A letter to that effect was dispatched to the A-G on December 17, 2015. The A-G was asked to report back to the Chief of Staff by December 22.

Report

After the probe, Mrs Appiah-Opong submitted a report to Mr Debrah on Tuesday, December 23, 2015.

It recommended that Smarttys, the company that was awarded the rebranding contract, refund GH¢1.9 million.

It was later reduced to GH¢1,548,608.04 because of the revised Value Added Tax (VAT) position, revised withholding tax position and a set-off of GH¢27,173.74, being over-deduction of withholding tax on the original payment.

Smarttys has since refunded the extra cost in three instalments of GH¢300,000, GH¢700,000 and GH¢548,608.04, respectively.

Writer’s email: victor.kwawukume@graphic.com.gh