The Ashaiman Member of Parliament (MP) says his constitutional right to information cannot be denied because of the “sins of Parliament.”
Mr Ernest Henry Nogbey had written to the Electoral Commission (EC) to request for some procurement records per under the 1992 Constitution and the Right To Information Act, 2019 (Act 989).
The lawmaker wanted to find out if the Commission had contracted the services of some IT consultants.
The Access to information law passed last year by Ghana’s Parliament and assented to by President Nana Addo Dankwa Akufo-Addo came into operation this year.
But in a rather sharp response sighted by UPSANEWSROOM.com dated February 12, lawyers for the Electoral Commission said their client cannot honour the request because Parliament has not set the fees and charges regulating request for information per Section 75(1) of the Right To Information Act, 2019 (Act 989).
The section provides that: “An application seeking access to information under this Act shall pay the fee or charge approved by Parliament in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2009 (Act 793).”
Reacting to the EC’s response during an interview with UPSANEWSROOM.com Tuesday, Mr Norgbey said the Commission cannot visit the sins of Parliament on him.
He cited the Supreme Court decisions in the cases of Quartson v. Quartson and James Brown v. NLC & Ahantaman Rural Bank where the apex court held citizens should not suffer a denial of justice for the failure of Parliament.
Mr Norgbey told UPSANEWSROOM.com’s Eugene Akpatsa he will write to the Commission once more to give it the opportunity to appropriately respond to his request.
“I will give them the chance to do the needful since their present response is in sharp contradiction to the dictates of the 1992 Constitution,” he said.