Ghana’s Right to Information Commission (RTI Commission) has imposed a GH¢100,000 administrative penalty on the Ministry of Finance for failing to respond to a Right to Information (RTI) request seeking details of emolument payments made to former government appointees who served between January 7, 2021 and January 7, 2025.
The determination, dated April 21, 2026 and communicated to the applicant by email on May 15, 2026, follows a complaint filed by Wilberforce Asare, Editor of The Source newspaper, after the Ministry failed to respond to his RTI request submitted on October 7, 2025.
The request specifically sought information on the current status of Article 71 emolument determinations covering the second term of the former Akufo-Addo administration. Under the Right to Information Act, 2019 (Act 989), public institutions are required to respond to RTI applications within 14 days of receipt. The Ministry did not do so for nearly 60 days.
After the 14-day window lapsed, Mr Asare filed an application for internal review on October 24, 2025. As of December 4, 2025, neither the original request nor the internal review had received any response from the Ministry.
When the Ministry eventually responded, signed by chief director Patrick Nomo, it declined to provide the information, arguing it was not in the Ministry’s custody and directing the applicant to institutions listed under Article 71 of the 1992 Constitution. The Ministry cited Section 24 of Act 989 in support of its position.
The RTI Commission rejected that reasoning. In its determination, the Commission concluded that “the information does not fall under any of the exempt provisions in the Act,” directly contradicting the Ministry’s stated legal basis for refusal.
The Commission further found that the Ministry had breached Sections 23, 27 and 70 of Act 989, and had failed to comply with the mandatory provision requiring public institutions to notify applicants in writing of the specific legal grounds for any refusal. The Ministry also did not assist the Commission during the review process, constituting an additional breach.
The GH¢100,000 fine must be paid to the RTI Commission within 14 days of receiving the determination. Any default will attract an additional 10% charge for every 30 days the payment remains outstanding. The Ministry has also been directed to provide Mr Asare with the requested information within seven days.
Finance Minister Cassiel Ato Forson was among those cited in the original complaint alongside the Ministry itself.
The RTI Commission closed its determination by reminding the Ministry of Finance of its statutory obligation to uphold transparency and accountability under Act 989, and to comply fully with lawful information requests going forward.
The case marks one of the more significant enforcement actions taken by the RTI Commission since the Act came into force, and raises broader questions about compliance culture within government institutions responsible for public financial management.
