Ashaiman MP tests RTI law as he requests procurement information from EC

Ashaiman MP tests RTI law as he requests procurement information from EC

Ashaiman MP Ernest Henry Norgbey

The Member of Parliament (MP) for Ashaiman is requesting the Electoral Commission to release information on the procurement of IT services from two consultants.

Ernest Henry Norgbey in a letter written by his lawyer, Martin Kpebu, wants the Commission to confirm if it procured the services of both “Dr Ofori Adjei, an IT Consultant and Mr A. Akrofi, a Procurement Consultant.”

“In case your answer to the above question is in the affirmative, my client would want you to con him the procurement of the services or the said consultants was done in accordance with PART VI — METHODS AND PROCEDURES TO PROCURE CONSULTANTS – OF THE PUBLIC PROCUREMENT ACT, 2003 (ACT 663) (AS AN/ENDED),” the letter sighted by read.

Private legal practitioner, Martin Kpebu

“My client humbly requests for a copy of the record of procurement proceedings for the procurement of the services of the said consultants as required by section 28 of Act 663 (as amended), if your answer to the enquiry in paragraph 3 is in the affirmative,” it continued.

Mr Kpebu noted the request has been made in fulfilment of his client’s fundamental right to information as enshrined in article 21(f) of the Constitution, (1992) and further detailed in the Right to Information Act, 2019 (Act 989), which states that, “a person has the right to information, subject to provisions of this Act.”

The lawyer quoted section 23(1) of the Act which states that “where an application for access is received by a public institution, the information officer shall take a decision on the application and send a written notice to the applicant within fourteen days from the date of receipt of the application.”

Also, “Section 23(5) of Act 989 further states, ‘where an information officer fails to determine an application within fourteen days after the application is received by the public institution, the application is deemed to have been refused and the applicant has the right to seek redress under sections 31 to 39.”

The lawmaker’s action has been seen as a major boost to the Right To Information Act, 2019 (Act 989) passed last year.

The Act is expected to operationalisation the constitutional right to information guaranteed in the 1992 Constitution.

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