Private legal practitioner, Martin Luther Kpebu, has challenged the presidency’s claim that, the KPMG audit report on the Ghana Revenue Service’s (GRA) revenue mobilisation contract with Strategic Mobilisation Limited (SML) cannot be made public.
The lawyer says the provision the Presidency cited in its letter to the Media Foundation for West Africa (MFWA) is not holistic as there are other provisions which demands that the President releases the report.
According to the presidency, the crucial nature of the information contained in the report as stated in section 5 (1) (a) and (b) (i) of the RTI Act gives him the power to conceal the report in the interest of the state.
Meanwhile, Martin Kpebu, speaking on the KeyPoints on TV3 Saturday, May 11, 2024, explained why the President should release the report based on Section 17 of the Act which makes provisions under which such information should be disclosed.
Based on the Act, Mr. Kpebu says the release of the report will not cause any public harm and the merits will outweigh the demerits, the reason for which he cannot keep it.
“So [section] 17 says that despite a provision of this Act on information exempt from disclosure, information is not exempt from disclosure if the disclosure of the information reveals evidence of (a), A contravention of or a failure to comply with a law. (b), An imminent and serious threat to public safety, public health or morals, the prevention of disorder or crime, or the protection of the rights or freedoms of others. I think this also applies. Protecting the public purse. (c), A miscarriage of justice. (e), Any other matter of public interest and the benefits of disclosure clearly outweigh the harm or danger the disclosure will cause.
According to the lawyer, President Akufo-Addo is only seeking to protect his family’s interest at the expense of the state due to the involvement of his family in the scandal.
“What is the harm? The harm, and it is not actual harm, is the shame it is going to bring to President Akufo-Addo’s whole family because his brother, Ofori-Atta, is neck deep in this contract. So it’s the family. He’s trying to protect his family’s honor at the expense of the whole nation,” the renowned lawyer asserted.
Martin Kpebu’s comments come on the back of a Right to Information (RTI) request by the Media Foundation for West Africa (MFWA) seeking the full KPMG audit report on the revenue mobilisation contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Ltd (SML) which the Presidency rejected.
According to the Presidency, the report contains some sensitive information which cannot be disclosed to the public, something section 5 (1) (a) and (b) (i) of the RTI Act makes provision for.
Based on the provision, the Presidency says it has the right to reject requests for information that is deemed crucial.
A Wednesday, May 08, 2024 statement addressed to the Executive Director of the MFWA, Sulemana Braimah and signed by the Chief Director to the Chief of Staff, H.M. Wood, the presidency indicated that the confidence nature of the report makes it impossible for it to be made public.
“Upon careful consideration and in accordance with sections 5 (1) (a) and (b) (i) of the RTI Act, I regret to inform you that your request has been refused. Section 5 (1) (a) and (b) (i) states that information prepared for or submitted to the President or Vice President containing opinions, advice, deliberations, recommendations, minutes, or consultations, is exempt from disclosure and that disclosure of such information would compromise the integrity of the deliberative process by revealing the thought process, considerations, and influence on decision-making reserved for the highest offices of the land”
“The full KPMG Audit Report comprises opinions, advice, deliberations, and recommendations that are integral to the President’s deliberative process and, therefore, qualifies as exempt information under section 5 (1) (a) and (b) (i),” portions of the letter stated.
Background
KPMG, an auditing firm, has completed and presented its report on the contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Ltd (SML) to President Akufo-Addo.
The President commissioned KPMG to audit the contract on January 2, 2024, with a deadline initially set for January 16, 2024, but later extended to February 23, 2024.
According to the audit findings, SML received a total of GH¢1,061,054,778.00 from 2018 to date while partially fulfilling its obligations. However, the report also noted that SML’s work had contributed to an increase in revenue in the downstream petroleum sector.
Contrary to the audit report’s claims, SML has disputed receiving GH¢1,061,054,778.00 for its contract with the GRA, arguing that KPMG cited the figure “without reference to the investments made and the taxes paid” during the review period.
In response to the report, Sulemana Braimah, Executive Director of the Media Foundation for West Africa (MFWA), stated that the foundation had submitted a Right to Information (RTI) request to the presidency for the full KPMG Audit Report.
