THE
GHANAIAN PARLIAMENT AND THE RIGHT TO INFORMATION BILL
RICHARD
OBENG MENSAH*
“All persons shall have the right to information,
subject to such qualifications and laws as are necessary in a democratic
society” – Article 21(1) (f), 1992
Constitution.
The Fourth Republican 1992 Constitution of
Ghana, and the Parliament established under it, is about 25 years old. The Constitution
has vested the legislative power of Ghana in the Parliament of Ghana. This means
that, except otherwise provided by the Constitution, only Parliament has the
legal authority to enact laws or sanction other persons (natural and unnatural)
to do so on its behalf within the limits of the Constitution. Although Parliament
has immensely contributed to the growth and development of democracy and good governance
in Ghana since 1993 when the Constitution came into effect, it continues to demonstrate
lacklustre commitment towards the passage of the Right to Information Bill (RTI)
Bill. The RTI Bill has been lying in the womb of Parliament for about 19 years.
Does the Ghanaian Parliament need caesarean section to pass the Bill?
Article 21(1) (f)
of the 1992 Constitution guarantees the right of all persons to information,
subject to such qualifications and laws as are necessary in a democratic
society. The RTI Bill mainly seeks to give flesh to the
foregoing article by providing for access to official information held by
public institutions[1] subject
to public interests and freedom of others[2].
Right to information is central to active participation by all in the governance
of Ghana.[3]
This is because it only takes well informed people, who have access to relevant
data or information, to contribute meaningfully to the good governance of their
country.[4]
Access to requisite data and information will, among others, reduce corruption
and ensure truthfulness and transparency in governance.[5]
It has been observed that the various bodies in Ghana’s criminal justice system
have not shown enough commitment to prosecute corrupt public officials because the
structure lacks transparency to fight corruption.[6]
Despite the foregoing benefits that Ghana
stands to get from the passage of the RTI Bill, it has taken its Parliament
more than 19 wanton years to pass the Bill into law. Parliament’s cold feet
towards the passage of the Bill raises several legitimate questions about its
focus and interests. Is it the case that Ghanaian political leaders are
dreading the kind of public scrutiny that they might be subjected to when the
Bill is passed into law? If that is the case then where lies their commitment towards
transparency in government and the fight against corruption? Is it true that ‘Government will no longer
have secrets if Parliament passes the RTI Bill into law’?[7]
Honourable K.T Hammond, please what kind of government secrets are you talking
about? A closer reading of articles 12(2) and 21(1) (f) of the 1992
Constitution and other relevant provisions reveal that right to information is
not a blank cheque. Honourable Osei Kyei Mensah Bonsu, Majority Leader of
Parliament, did you say that you do ‘not want Parliament pressured into passing
the bill’? Please what else should Parliament expect if it still appears to be
playing rhetoric with a bill that was drafted in 1999? Is pressure not
necessary whenever persuasion fails? I believe the growing mounting pressure on
Parliament is a good caesarean section Parliament requires to do the needful.
It is necessary to stress that Parliament of
Ghana needs to place national interests above personal or political interests in
its deals towards the passage of the RTI Bill into law. Ghanaians have since
1992 chosen to be ruled by law, not by political interests. Right to
information is not a mere political promise nor a populist political propaganda;
it is a constitutionally guaranteed right. There is everything wrong with the
motives of any pregnant woman who refuses to give birth when her time is due. Even
more so when she is resisting caesarean section.
*The writer is a certified life and
leadership coach, a legal academic, and a prolific author of 7 books and over
200 articles. Blog:
www.richard-obeng-mensah.blogspot.com Email:richardobengmensah@gmail.com
[1]
Memorandum, Right to Information Bill 2018, 1.
[2]
Right to Information Bill 2018, 2,
[3]
Ibid, n 1.
[4]
Ibid n 1.
[5]
Ibid n 1.
[6]
Akoto Ampaw, “Not Enough Commitment Shown in Corruption Fight”, Ghanaweb
https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Not-enough-commitment-shown-in-corruption-fight-Akoto-Ampaw-697078
(Accessed: 1 November 2018).
[7]
K. T. Hammond, “Gov’t will no longer have secrets if we pass RTI Bill”, Joy Online
https://www.myjoyonline.com/politics/2018/November-1st/govt-will-no-longer-have-secrets-if-we-pass-rti-bill-kt-hammond.php
(Accessed: 1 November 2018).
