Why the Presidency refused to release full KPMG report on GRA-SML contract
The Office of the President has declined a request from the Media Foundation for West Africa (MFWA) to make public the full KPMG report concerning the revenue assurance contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Limited (SML).
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In a statement released on Wednesday, the presidency cited specific sections of the Right to Information Act, 2019 (Act 989) as the basis for refusing the request.
The MFWA had invoked section 18 of the RTI Act to request a copy of the comprehensive KPMG Audit Report commissioned by the President on the GRA-SML revenue assurance contract.
The statement explained that according to section 5 (1) (a) and (b) (i) of the RTI Act, information prepared for or submitted to the President, containing opinions, advice, deliberations, recommendations, minutes, or consultations, is exempt from disclosure.
It said this exemption is to protect the integrity of the deliberative process and ensure the confidentiality of discussions and considerations at the highest levels of government.
The presidency further elaborated that the complete KPMG Audit Report includes opinions, advice, deliberations, and recommendations that are integral to the President’s decision-making process. Hence, it qualifies as exempt information under the RTI Act.
However, the statement said because of the public interest in the GRA-SML contract, the President has published the principal findings and recommendations of the KPMG report in a detailed press statement issued on April 24, 2024. This was to ensure that the public remains informed about the matter while adhering to statutory restrictions on specific disclosures.
Read the entire statement below;
OFFICE OF THE PRESIDENT
Jubilee House, Accra Tel: +233 (0) 302 738 600 Tel: +233 (0) 302 738 601
REPUBLIC OF GHANA
Digital Address: GA-000-0288 Ref the SCR/DA 255/2901
7TH MAY, 2024
RE: REQUEST FOR INFORMATION UNDER ARTICLE 21 (1) (F) OF THE 1992 CONSTITUTION OF GHANA AND SECTION 18 OF THE RIGHT TO INFORMATION ACT, 2019 (ACT 989)
I write to acknowledge receipt of your letter dated 24th April, 2024, in which you made a request, pursuant to section 18 of the Right to Information Act, 2019 (Act 989) ("RTI Act"), for a copy of the full KPMG Audit Report on the revenue assurance contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Limited (SML), as commissioned by the President of the Republic.
Upon careful consideration and in accordance with section 5 (1) (a) and (b) (i) of the RTI Act, I regret to inform you that your request has been refused. Section 5 (1) (a) and (b) (i) states that information prepared for or submitted to the President or Vice President containing opinions, advice, deliberations, recommendations, minutes, or consultations, is exempt from disclosure and that disclosure of such information would compromise the integrity of the deliberative process by revealing the thought process, considerations, and influence on decision-making reserved for the highest offices of the land.
The full KPMG Audit Report comprises opinions, advice, deliberations, and recommendations that are integral to the President's deliberative process and, therefore, qualifies as exempt information under section 5 (1) (a) and (b) (i).
Understanding the public interest in the GRA-SML contract, the President has published the principal findings and recommendations of the KPMG report in a detailed press statement issued by the Office of the President on 24th April 2024. Thus, the public remains informed while respecting the statutory restrictions on specific disclosures.
Please accept the President's best wishes.
H. M. WOOD CHIEF DIRECTOR for: CHIEF OF STAFF
MR. SULEMANA BRAIMAH EXECUTIVE DIRECTOR MEDIA FOUNDATION FOR WEST AFRICA