The Right to Information Commission (RTIC) has imposed an administrative penalty of GH¢100,000 against the Ministry of Finance for failing to comply with a Right to Information request seeking details of emolument payments made to former government appointees who served between January 7, 2021, and January 7, 2025.

The ruling, which marks one of the strongest enforcement actions taken under Ghana’s Right to Information Act, 2019 (Act 989), followed a review application filed by journalist and Editor of The Source newspaper, Wilberforce Asare, after the Ministry allegedly failed to respond to repeated requests for information.

According to the Commission’s determination dated April 21, 2026, the Ministry of Finance breached multiple provisions of the RTI Act by refusing to release the requested information and by failing to adequately cooperate with the Commission during investigations into the matter.

The case centered on an RTI request submitted by the journalist on October 7, 2025, seeking information regarding Article 71 emoluments and payments made to former appointees who served during the second term of the Akufo-Addo administration.

Under the Constitution, Article 71 office holders include top public officials such as ministers, members of parliament, judges, and other senior state officials whose salaries, allowances, and ex-gratia payments are determined by a committee appointed by the President.

The issue of Article 71 payments has historically generated significant public debate in Ghana, particularly during periods of economic hardship, with critics frequently questioning the transparency surrounding ex-gratia payments and benefits enjoyed by political office holders.

According to the applicant, the Ministry of Finance failed to respond to the request within the mandatory 14-day period required under Section 23(1) of the RTI Act.

The journalist subsequently filed an internal review application on October 24, 2025, after the initial deadline expired without any response from the Ministry.

However, by December 4, 2025, neither the original request nor the internal review application had received any response.

The applicant therefore petitioned the RTI Commission under Section 65 of Act 989, arguing that the Ministry’s silence amounted to a refusal and constituted a violation of his constitutional right to information guaranteed under Article 21(1)(f) of the 1992 Constitution.

In his reliefs before the Commission, the journalist requested orders compelling the Finance Ministry to disclose the requested information, declarations that the Ministry had breached several provisions of the RTI Act, and administrative sanctions against the institution.

The Ministry of Finance later responded in correspondence dated April 30, 2026, signed by Chief Director Patrick Nomo, stating that the information being sought was not in the custody of the Ministry.

According to the Ministry, the applicant should instead direct the request to institutions listed under Article 71 of the Constitution, insisting that its position was consistent with Section 24 of the RTI law.

However, the RTI Commission rejected the Ministry’s explanation and ruled that the information requested did not fall under any exemption provisions under the RTI Act.

The Commission concluded that the request was neither frivolous nor vexatious and that the Ministry had failed to comply with statutory obligations requiring public institutions to provide written reasons whenever access to information is denied.

The determination stated that the Ministry breached Sections 23 and 27 of Act 989 and, by extension, violated Section 1 of the law, which guarantees citizens the right to access information held by public institutions.

The Commission further found that the Ministry violated Section 70 of the Act by failing to assist the Commission during the review process.

In its final orders, the RTI Commission directed the Ministry of Finance to pay an administrative penalty of GH¢100,000 within 14 days of receiving the determination.

The ruling warned that failure to comply within the stipulated period would attract an additional 10 percent penalty for every subsequent 30 days of default.

The Commission also ordered the Ministry to provide the applicant with the requested information within seven days and furnish the Commission with copies of the disclosure.

The determination further reminded the Ministry of Finance of its obligation to uphold transparency, accountability, and openness in governance through full compliance with lawful information requests under the RTI Act.

In his submissions before the Commission, the applicant argued that persistent refusal by the Ministry to comply with the RTI law undermined public confidence in governance and weakened constitutional guarantees of transparency and accountability.

He urged the RTI Commission to fully assert its authority as the constitutionally mandated body responsible for protecting citizens’ right to information and enforcing compliance with the law among public institutions.