By Collins Sarkodieh 
The Right to Information (RTI) Commission has slapped a GH¢100,000 administrative penalty on the Ministry of Finance for failing to comply with a lawful data request. The fine follows a review application filed by journalist Wilberforce Asare, Editor of “The Source” newspaper, after the ministry repeatedly ignored his inquiries.
The initial request, submitted in October 2025, sought critical details regarding the payment of emoluments and ex-gratia to former government appointees who served between January 2021 and January 2025. Instead of processing the request within the legally mandated fourteen-day window, the ministry remained silent for months, triggering an escalation to the regulatory commission.
In a delayed defense, Chief Director Patrick Nomo argued the requested data was not in the ministry’s custody, advising the journalist to contact Article 71 institutions directly. The RTI Commission completely rejected this justification, stating that the ministry violated mandatory notification laws and actively failed to assist in the investigation.
Why did the RTI Commission reject the Finance Ministry’s custody defense?
The RTI Commission rejected the defense because the requested financial records do not fall under any of the legal exemption categories outlined in the Right to Information Act. Furthermore, the commission clarified that the query could not be classified as frivolous or vexatious, making total disclosure a binding obligation.
Even if the information resided elsewhere, section 27 of Act 989 strictly obligates information officers to notify applicants of the exact reasons for a refusal in writing. By failing to reply to the initial request and ignoring subsequent follow-ups from the commission, the ministry committed a clear statutory breach.
The ruling emphasizes that public state institutions cannot arbitrarily hide behind bureaucratic technicalities to avoid public transparency. In a democratic framework, public accounting records regarding taxpayer-funded emoluments are matters of absolute public interest, not state secrets.
What are the specific penalties and deadlines imposed on the ministry?
The commission has issued a strict time-bound order mandating the Ministry of Finance to pay the GH¢100,000 penalty within fourteen days of receiving the determination. If the ministry defaults on this timeline, an additional ten percent interest will automatically accrue for every thirty days of non-payment.
In addition to the financial penalty, the commission ordered the ministry to fully disclose the requested Article 71 emolument data to the journalist within seven days. A duplicate copy of the released information must also be submitted to the commission to verify full compliance.
This decisive ruling proves that the commission is willing to assert its full statutory authority to protect the constitutional rights of citizens. It sets a massive precedent for independent journalists who routinely face institutional stonewalling from high-profile government ministries.
Factual Insights into Ghana’s RTI Enforcement Framework:
- Statutory Timeline: Under section 23 of Act 989, public institutions must determine and communicate decisions on information requests within 14 days.
- Financial Penalty: The GH¢100,000 fine is backed by automated compounding interest penalties of 10% every 30 days for non-compliance.
- Constitutional Backing: The right to access official public records is a fundamental right guaranteed under Article 21 of the 1992 Constitution of Ghana.
The heavy fine imposed on the Finance Ministry sends a clear message that transparency is a binding constitutional obligation rather than an optional administrative virtue. By holding the country’s primary financial ministry accountable, the RTI Commission has successfully reinforced the foundational values of open governance.