The Right to Information (RTI) Commission in Ghana has initiated over 50 court cases against public institutions for their persistent refusal to comply with directives to release information requested under the RTI Act. This legal escalation, confirmed by the Commission’s Head of Legal, Stephen Owusu, aims to enforce transparency and accountability when institutions ignore the law.
Context of the RTI Act
Ghana’s Right to Information Act, enacted in 2019 after significant advocacy from civil society and media organizations, empowers citizens to access information held by public bodies. The law is a cornerstone for promoting transparency and holding public institutions accountable for their actions.
However, the path to accessing information has been fraught with challenges since its inception. Journalists, civil society groups, and ordinary citizens have frequently encountered delays, outright refusals, and bureaucratic hurdles when seeking public records. These implementation gaps have undermined the Act’s intended purpose.
Legal Strategy for Enforcement
The RTI Commission found itself in a position where the Act lacked explicit provisions for non-compliance with its directives. “The act gives the commission the power to resolve complaints and impose administrative penalties, but it fell short of telling the commission what to do if its orders are not complied with,” Mr. Owusu explained on Joy FM’s Super Morning Show.
To address this deficiency, the Commission developed a legal strategy to pursue judicial enforcement. This involves taking institutions to court to compel them to either release the requested information or to pay administrative penalties that have been imposed.
“We have been going to court since we took that decision, and as we speak, we have a lot of cases in court against institutions that have failed to comply with our directives,” Mr. Owusu stated.
Court Successes and Relief Sought
The Commission reports significant success in its court actions. Mr. Owusu indicated that they have achieved approximately 95% success in the cases filed so far. This high success rate suggests a strong judicial backing for the RTI Commission’s enforcement efforts.
When the Commission approaches the courts, it typically seeks two primary forms of relief. These include the enforcement of administrative penalties against non-compliant institutions and court orders that mandate the release of the specific information requested by applicants.
Encouraging Public Participation
The RTI Commission continues to urge citizens and organizations to actively report any instances where public institutions fail to adhere to RTI directives. Such reports are crucial for the Commission to identify non-compliant entities and initiate appropriate legal action.
Implications and Future Outlook
The RTI Commission’s proactive legal stance signals a critical shift towards robust enforcement of the Right to Information Act. For citizens, this means a potentially more effective avenue for accessing public information, fostering greater accountability from government bodies.
For public institutions, the increased litigation underscores the imperative to comply with RTI requests and directives. The high rate of success in court suggests that non-compliance will likely result in legal penalties and mandated disclosure.
Moving forward, the focus will be on whether this intensified legal strategy can fully overcome the implementation challenges and ensure the RTI Act serves its intended purpose of promoting a more transparent and accountable governance system in Ghana. Observers will watch for the impact on institutional behavior and the ease with which citizens can access public information.
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