Presidential Office Declines MFWA Request for Full KPMG Report on GRA-SML Contract

The Office of the President has rebuffed a plea from the Media Foundation for West Africa (MFWA) to disclose the complete KPMG report related to the revenue assurance contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Limited (SML).

In an official communication unveiled on Wednesday, the presidency invoked particular provisions of the Right to Information Act, 2019 (Act 989) as grounds for turning down the request.

The MFWA had utilized section 18 of the RTI Act to solicit a copy of the exhaustive KPMG Audit Report commissioned by the President concerning the GRA-SML revenue assurance contract.

Clarifying the decision, the statement referenced section 5 (1) (a) and (b) (i) of the RTI Act, which exempts information prepared for or submitted to the President, encompassing opinions, advice, deliberations, recommendations, minutes, or consultations, from disclosure.

This exemption, as per the presidency's statement, aims to safeguard the integrity of the deliberative process and ensure the confidentiality of discussions and considerations at the highest echelons of governance.

Furthermore, the presidency elaborated that the complete KPMG Audit Report encompasses opinions, advice, deliberations, and recommendations integral to the President’s decision-making process, thus qualifying as exempt information under the RTI Act.

Nevertheless, recognizing the public interest surrounding the GRA-SML contract, the President has disseminated the principal findings and recommendations of the KPMG report through a comprehensive press release issued on April 24, 2024. This measure aims to keep the public abreast of the situation while adhering to legal constraints 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

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

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