- Corruption Watch reveals public funds are used to settle RTI fines
- Officials face no personal consequences for violating access laws
- Over 60 institutions fined, but penalties paid from state budgets
A recent investigation by Corruption Watch has uncovered a troubling loophole in the implementation of Ghana’s Right to Information (RTI) Act, 2019 (Act 989). The report reveals that many public institutions are not only failing to comply with the RTI law, but are also using public funds to pay fines imposed by the RTI Commission (RTIC), effectively shielding responsible officials from personal accountability.
Taxpayer Money Used to Cover Institutional Non-Compliance
The investigation highlights a pattern where state institutions—including those mandated to promote transparency—either refuse or delay access to public information. When the RTIC imposes fines for these violations, the penalties are paid from the institutions’ budgets, meaning the Ghanaian public foots the bill.
This practice undermines the core purpose of the RTI Act, which was to promote openness by punishing willful denials of access to information.
Legal experts argue that this arrangement creates a significant accountability gap.
Private legal practitioner Zakaria Tanko Musah criticized the use of public funds for such penalties:
“If you fine an institution, the money doesn’t come from the individual who deliberately denied access to information—even though they knew it should have been disclosed. So, they face no real consequence or embarrassment.”
According to Mr. Musah, the current setup insulates public officials from personal liability, weakening the deterrent power of the law.
RTI Act’s Enforcement Mechanism Lacks Bite
The investigation suggests that the RTI Act’s penalty provisions have become more symbolic than punitive. Though the law was hailed as a milestone for Ghanaian democracy and anti-corruption efforts, its enforcement mechanisms are now being blunted by institutional impunity.
The current approach means the offending official retains their job and salary, while ordinary citizens—who were denied the information—end up funding the fine through taxes.
Calls for Reform: Personal Accountability Urged
Governance experts and civil society organizations are now calling for systemic reforms to ensure individual accountability. They propose that:
- Fines imposed by the RTIC should be surcharged directly to the salaries of responsible officers, particularly Information Officers or heads of institutions who deliberately obstruct access.
- The Audit Service or RTIC should be empowered to enforce these surcharges and ensure compliance.
Without such measures, experts warn, impunity will persist, and vital public information—such as contracts, budgets, and spending records—will remain hidden, eroding the law’s credibility and weakening efforts to ensure transparent governance.
