OccupyGhana calls for full disclosure of Indece Day brochure contract
A pressure group, OccupyGhana, has given the government a three-day ultimatum to furnish it with details relating to the error-ridden Independence Day brochure that has courted public anger, or risk a legal action against it.
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“Considering the urgency surrounding this matter, we respectfully request that you supply the information requested herein within three (3) working days of the date of this letter, failing which you should consider this letter as the written Notice of Intention of Civil Action under Section 10 of the State Proceedings Act, 1998 (Act 555), effective as at the date hereof,” the group said in a letter addressed to the Chief of Staff, the Minister of Communications andthe Attorney-General and Minister of Justice.
The letter said as citizens of Ghana, members of the group were not satisfied with the status of the issue.
“We believe that there is more to this matter than meets the eye, and that there is more information that the people of Ghana deserve to have, with respect to this matter,” it said.
The demands
The group, which has been at the forefront of fighting corruption in public office, is demanding information concerning which company or companies was/were invited to submit bids for the publishing, production and/or printing of the brochure.
It wants to know whether there were any quotations received from the company or companies. If so, the group asked for copies of such quotations and their covering letters, if any.
“Which public procurement procedure was adopted in selecting the winning bid? If it was single-source procurement, was the approval of the Public Procurement Authority (PPA) sought? May we have a copy of any letter requesting approval and all attachments to it?
“Was the PPA’s approval obtained, and if so, may we have a copy of any letter to that effect? Was a contract entered into with the company with the winning bid, and if so, may we have a copy of the signed contract?” the letter demanded.
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That aside, it also asked for disclosure on whether the Ministry of Finance had been requested to release funds for payment to the company with the winning bid, and requested that any such letter requesting that should be produced.
“Did the Ministry of Finance approve of any payment in writing, and if so, may we have a copy of that written approval?” it further demanded.
The pressure group is also seeking to know whether payments were made to the company that undertook the transaction, when it was done and relevant documents relating to the request for payment by the ministry; release letter from the Ministry of Finance; the Controller and Accountant-General's letter to the Bank of Ghana for payment; payment advice from the Bank of Ghana and any payment voucher issued.
“Were any taxes paid or withheld, as the case may be, particularly with respect to withholding tax, value-added tax and the National Health Insurance levy; and if so, may we have copies of any relevant invoices?” the letter requested.
The letter, copied to the Head of the Information Services Department (ISD), described members of the group as citizens of Ghana who were interested in ensuring good governance in Ghana, and were committed to the principles of freedom, justice, probity and accountability, as enshrined in the preamble to Ghana's Fourth Republican Constitution.
“As citizens of Ghana, we are also mindful of our constitutional duty under Article 41(f) of the Constitution "to protect and preserve public property and expose and combat misuse and waste of public funds and property," the letter insisted.
Making a case
Making a case for its demands, the group said it was relying on provisions of Article 21(1)(f) of the 1992 Constitution which provides, among other things that "(a) all persons shall have the right to... information, subject to such qualifications and laws as are necessary in a democratic society."
“We are not aware of any restrictions and laws essential to democracy that prevent citizens from being informed of all the facts surrounding this matter.
“We also respectfully assert that there is no conceivable public interest privilege that applies to deny us access to that information. We also have cause to believe that part of the undisclosed circumstances surrounding this matter may amount to corruption, and the misuse and waste of public funds,” the letter said.
Background
A brochure that was distributed to guests during the country’s 59th Independence Day celebrations was full of inaccuracies and grammatical errors.
The ISD has come under serious criticism for being made to take the blame for the errors such as addressing the Kenyan President, Uhuru Kenyatta, as the President of the Republic of Ghana, in the brochure.
The acting Director of the ISD, Mr Francis Kwarteng Arthur, in an attempt last Monday to apologise to the President and Ghanaians, committed an error when he dated the statement of apology, January 12, 2016.
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His apology, however, incurred the displeasure of the ISD staff who insisted that they had no hand in the production of the embarrassing brochure.
Mr Arthur later accepted full responsibility for the errors. He was subsequently relieved of his post.