The Right to Information Commission (RTIC) has imposed a fine of GH¢100,000.00 against the Ministry of Finance for failing to respond to an RTI request submitted to it by a broadcast journalist seeking details of payment of emoluments to former Appointees who served in government from 7 January 2021 to 7 January 2025.
The decision is contained in a determination by the Commission dated 21 April 2026, in respect of an application for review filed by Wilberforce Asare, Editor of “The Source” newspaper, against the Ministry of Finance for their refusal to release information.
The Finance Ministry, in response dated 30 April 2026, to the RTI request submitted by Mr Asare, and signed by Patrick Nomo, the chief director, declined to provide the information.
“We wish to indicate that the information being sought is not in the custody of the Ministry.
“You (the applicant) are therefore kindly requested to direct your application to the office of the institutions listed under Article 71 of the 1992 Constitution. Our position is consistent with section 24 of the RTI law,” the Finance Ministry stated.
However, the RTI Commission, in its determination, which wass communicated to the applicant by email on 15 May 2026, concluded that the Ministry of Finance erred in refusing to provide the applicant with the information he requested because the said information does not fall under the exemption category provided in the law.
“From a closer assessment of the information requested, the conclusion the Commission comes to is that the information does not fall under any of the exempt provisions in the Act, nor can it be said that the information requested by the applicant is manifestly frivolous or vexatious.
“In any case, subsection 2 of Section 27 of Act 989 obligates Information Officers, even in instances where the refusal is based on any of the reasons provided under section 27(1), to notify the applicant in writing of the reason upon which the refusal is based.
“The Respondent (Ministry of Finance) did not comply with this mandatory provision in the Act by failing to respond to the Applicant’s request. Flowing from the analysis above, the Respondent was not justified in denying the Applicant access to the information requested and therefore breached sections 23, 27, and, by extension, section 1 of Act 989, which provides for a person’s right to information.
“The Respondent in this case not only breached the sections mentioned above but also breached section 70 of Act 989. This is because the said provision mandates that public institutions and relevant private bodies assist the Commission in the course of an application or investigation,” the RTI Commission’s determination document further read.
The RTI Commission proceeded to give final orders to the Ministry of Finance in its determination document to the applicant.
The orders were first, “pursuant to the powers conferred on the Commission under section 43(2) (c) and section 71(2) (f) of Act 989, the following orders are hereby made, having in mind the conduct of the Respondent in this matter.”
“Administrative Penalty: An administrative penalty of One Hundred Thousand Ghana Cedis (GHc100,000.00) is imposed on the Ministry of Finance for its failure to respond to the Applicant and to the Commission, in violation of Act 989.
“This amount shall be paid to the Commission within fourteen (14) days of receipt of this determination. In default, an additional ten percent (10%) shall accrue for every thirty (30) days thereafter.”
Second, “provision of Information: The Ministry of Finance is directed to provide the Applicant with the requested information within seven (7) days of receiving this determination, with a copy to the Commission.”
The Commission, at the end of the determination document, reminded the Ministry of Finance of its duty to uphold transparency and accountability under Act 989 and to comply fully with lawful information requests in the future.
Background
The Finance Ministry and the Minister, Dr Cassiel Ato Forson, were both hauled before the Right To Information (RTI) Commission for failing to respond to an RTI request submitted to their offices on 7 October 2025 by a Ghanaian journalist seeking information on ex-gratia or emolument payments.
The RTI request submitted to the Finance Ministry sought information on the current status of the determination of Article 71 emoluments for the period 2021 to 2025 (the second term of the erstwhile Akufo-Addo administration).
Contention of Applicant
Even though a public institution under section 23 (1) of the Right To Information Act, 2019, (Act 989) is required to determine such an application and communicate its decision within 14 days after receiving the application, the finance ministry failed to do so after nearly 60 days of receipt of the application.
The applicant, after the expiry of the allowed 14 days, followed up on Friday, 24 October 2025, with an application for internal review of the refusal under section 32 of the RTI Act.
As of Thursday, 4 December 2025, there has been no response to the main RTI request, and the application for internal review, which was submitted to the finance ministry.
The applicant, in his application, brought under section 65(1) of the Right To Information Act, 2019 (Act 989), which provides that: “A person who is dissatisfied with a decision of a public institution… may apply to the Commission for a review of the decision,” and Section 65(2) which further provides that “An application to the Commission may be made orally or in writing,” notes that the failure of the Finance Minister to respond to his request constitutes a refusal.
Reliefs Sought
To this end, the applicant sought the following reliefs from the RTI Commission.
- Compel Disclosure
i.Order the Minister for Finance to determine and respond to the Applicant’s RTI request dated 7 October 2025, providing all requested information regarding Article 71 payments.
- Declarations
- Declare that the Finance Ministry breached sections 23, 31, 32, and 33 of Act 989 and Article 21(1)(f) of the Constitution.
- Administrative Penalties (Section 71)
- Pursuant to section 71 of Act 989, impose administrative penalties on the Minister for Finance for willful and unjustifiable disregard of their statutory obligations.
- Time-bound Order
- Direct that all requested information be provided within seven (7) days of the Commission’s ruling.
Assert Full Authority
In concluding his application to the Commission, the applicant submitted that “the persistent refusal by the Ministry of Finance to comply with the RTI Act constitutes a serious breach of statutory duty, undermines the constitutional right to information, and erodes public confidence in governance.
“In a democratic state, transparency, accountability, and openness are not optional virtues; they are binding constitutional obligations. The Ministry of Finance, more than any other, must set the national standard for compliance with these principles.
“The Applicant therefore calls upon the Right to Information Commission, as the constitutionally mandated guardian of information rights, to assert its full authority to protect the constitutional right to information, ensure that the rule of law prevails, and reinforce the foundational governance values of transparency and accountability,” the application read.
By Nana Asare
