Why Ghana's Right To Information Act does not bite

Ghana's Right To Information (RTI) Act, which was passed into law in 2019, was hailed as a significant milestone in the country's democratic journey, promising transparency, accountability, and citizens' access to public information. 

However, nearly three years after its enactment, the RTI Act's bite is yet to match its bark, raising concerns about its effectiveness in ensuring government transparency.

The history of the RTI Act's journey to becoming law is one marked by advocacy, public pressure by the likes of the Media Foundation for West Africa, and a commitment to democratic principles. 

For over two decades, civil society organizations, media houses, and human rights activists in Ghana tirelessly campaigned for its passage. 

The law finally materialized in March 2019, a testament to the persistence of these advocacy groups and their dedication to fostering transparency and accountability in the government.

In Ghana's democracy, the RTI Act was meant to grant citizens the right to access information held by public institutions, thereby promoting informed public discourse, enhancing accountability, and curbing corruption.

However, the Act's implementation has been less than smooth. One of the primary challenges lies in the enforcement of sanctions against organizations that fail to provide requested information. 

While the law stipulates sanctions for non-compliance, many state institutions appear to operate with impunity, disregarding requests for information without facing repercussions. This lack of accountability undermines the very essence of the RTI Act.

An illustrative example of this issue is the recent demand by the Multimedia Group for information regarding the contract between the Ghana Airport Company (GACL) and Frontiers Healthcare Services for COVID-19 testing at Kotoka International Airport (KIA). The GACL failed to comply with the RTI Commission's order to provide this information, resulting in a fine of Ghc. 200,000.00. Regrettably, such fines seem inconsequential to corporate institutions.

The corporate veil often shields leaders of state institutions from personal responsibility, even when their organizations fail to adhere to the law's provisions. This evasion of accountability places the burden squarely on taxpayers while allowing individuals responsible for withholding information to escape unscathed.

A growing consensus among advocates and stakeholders is that the executives of defaulting organizations should face consequences for their actions. 

These consequences could range from personal sanctions to legal charges if their actions result in fines imposed by the RTI Commission. Holding individuals accountable would send a powerful message that flouting the RTI Act comes at a cost, and transparency and accountability are not negotiable.

The member of parliament for North Tongu, Samuel Okujeto Ablakwa in an X (Twitter) Space chat has hinted at plans to initiate an amendment to the RTI law to give it the biting effect.