OccupyGhana, a pressure group, has urged President Nana Addo Dankwa Akufo-Addo to permit the Auditor-General to conduct an audit of the contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Limited (SML).
Additionally, the group has called for the revocation of the President’s appointment of a private audit firm to carry out the audit and urged compliance with Article 187 concerning the matter.
According to a statement from the group, Article 187 of the Constitution foresees situations where public interest in the financial matters of public auditee institutions, such as the GRA, may necessitate special audits.
The statement emphasised that Article 187(8) specifically stipulates that in such cases, the Council of State should advise the President on the need for an “Article 187(8) Public Interest Audit.”
“Indeed, and in practice, the President may seek and then obtain that advice. Then, the President would request the Auditor-General to conduct the audit.
“This provision in Article 187 is so critical and significant that the Constitution specifically sets it down as the only instance where a President has the power to request the independent Auditor-General to do anything.”
https://www.youtube.com/watch?v=L25o3FE9dmo
The statement from OccupyGhana further emphasised the importance of the Council of State promptly providing advice to the President regarding the matter.
In the event of failure, neglect, or refusal by the Council of State and/or the President to comply with Article 187, OccupyGhana recommended that the Auditor-General initiate and conduct a special audit independently, utilising Section 16 of the Audit Service Act.
While expressing appreciation for the planned parliamentary inquiry and the decision for a public interest audit, OccupyGhana raised concerns about the potential unconstitutionality of the president’s choice of a private audit firm.
The group emphasised the significance of adhering to constitutional provisions to avoid spending resources on an audit that could face legal challenges. OccupyGhana advocated for allowing the Auditor-General to carry out the special audit in accordance with Article 187(8) of the Constitution.
Civil Society Organisation, OccupyGhana, is contemplating the utilization of constitutional provisions to insist that Asante-Akim North MP, Andy Appiah-Kubi, discloses the identity of the businessman accused of attempting bribery within the majority caucus.
This development comes in the wake of the Office of the Special Prosecutor (OSP) declaring its incapacity to investigate the reported incident involving a businessman attempting to bribe Majority MPs to discourage them from pursuing the impeachment of Finance Minister Ken Ofori-Atta.
According to OccupyGhana, it was awaiting legal advice to confirm if it could demand that the identity of the businessman be made public for the OSP to revive its investigations into the matter.
“But we are not done yet. We have instructed our lawyers to advise whether we and Ghanaians have the constitutional right to information, to the name of the businessman, which the OSP inexplicably redacted from the report.
“If we receive advice that we are entitled to that information, we will commence the relevant proceedings under the Right to Information Act to compel the OSP to reveal the name,” the group said.
This was contained in a press release dated January 5, 2024.
The Civil society, juxtaposing corruption with fungi, said it thrives in darkness and shadow which takes advantage of secrecy.
They add that the only way to eliminate it is to expose it to sunlight, where it can be effectively addressed.
“The corruption fungus abhors and cannot stand sunlight, and we will do all in our civil power to direct the power of light unto this matter. It just might produce the further evidence that the OSP requires to revive the dead,” the release read.
OccupyGhana said it has observed that many of these allegations have been unaddressed. However, this time, it is determined to get to the roots of the matter.
Read the full statement below;
OccupyGhana has read with much disappointment, the report of the Office of the Special Prosecutor (‘OSP’) on the above, dated 28 December 2023. The OSP’s investigation was triggered by our 3 November 2022 petition to that office to investigate the alleged, attempted bribery of the majority caucus of Parliament by an unnamed businessman. This was after both Andy Appiah-Kubi, MP and Osei Kyei-Mensah Bonsu, MP, Majority Leader and Minister for Parliamentary Affairs, had taken turns to make these allegations.
That is why we find shocking the claim by the otherwise respectable Kyei-Mensah Bonsu, MP that the only bases of his allegations, were rumours and Appiah-Kubi, MP’s allegations. We find it difficult to believe that with all the resources at his disposal, the Majority Leader and Minister would trot out and repeat allegations that he now say he did not verified either beforehand or after-the-fact.
Then there is the reported hostility by Appiah-Kubi, MP towards officers of the OSP and his flat-out refusal to cooperate with the investigation. What is even more shocking is the report that both Appiah-Kubi, MP (the accuser) and the unnamed businessman (the accused) apparently engaged in a ‘rehearsed and well-choreographed… joint and similar denial’ of the attempted bribery event.
The result is that the OSP could not obtain any prosecution-worthy evidence on yet another allegation of corruption involving Parliament, an institution which has been plagued by and dogged with several corruption allegations over the years. Although there have been no charges or prosecutions, the repeated allegations that MPs engage in various acts of corruption is not one that Ghanaians can ignore. Some derisorily, and maybe with some justification, refer to our Parliament as ‘Ghana’s leading transactional centre.’
From time to time, some MPs end up confessing that these shenanigans happen. While examples are legion, there has been one assured result – investigations lead to nothing. For example, in 2014, Alban Bagbin (then MP and now Speaker of the House) was reported to have admitted that ‘there is evidence that some MPs take bribes and come to the floor and try to articulate the views of their sponsors.’ As expected, a reported parliamentary inquiry led to nothing. In 2017, some minority MPs on the Appointments Committee, led by Mahama Ayariga, MP, reported an attempt to bribed them to approve a ministerial nominee. Another reported parliamentary enquiry led to nothing, as expected.
This time, two senior sitting MPs took turns to announce on radio that an unnamed rich businessman attempted to bribe a section of Parliament’s majority caucus. These MPs are considered as heavy-weight leaders in our politics, and the least expected of them are dignity and the courage to stand by their convictions, if they have any. They ought to be good examples for the rest of us and our children. Yet, their behaviour renders them unfit to be leaders. One would have expected them to resign in good conscience, but alas, we are stuck with such mediocrity.
As the OSP indicated in the report, the case is all but dead for lack of serious evidence to prosecute; but these ‘Honourable MPs’ (a phrase that is now generally accepted and understood as an oxymoron) will continue to occupy their seats and offices, and earn their salaries and even ex gratia, not caring about the damage they are causing to this country.
But we are not done yet. We have instructed our lawyers to advise whether we and Ghanaians have the constitutional right to information, to the name of the businessman, which the OSP inexplicably redacted from the report. If we receive advice that we are entitled to that information, we will commence the relevant proceedings under the Right to Information Act to compel the OSP to reveal the name.
Corruption, like fungi, thrives in darkness and shadows, taking advantage of secrecy, self-imposed redactions, unjustified self-censorship and lack of accountability. The corruption fungus abhors and cannot stand sunlight, and we will do all in our civil power to direct the power of light unto this matter. It just might produce further evidence that the OSP requires to revive the dead.
OccupyGhana and Media Coalition Against Galamsey (MCAG) are advocating for the enactment of a law that prohibits the issuance of any mining or drilling permits, licenses, leases, or related activities in all forest reserves and significant biodiversity areas in the country.
The two groups have asked Parliament to revoke “the Environmental Protection (Mining in Forest Reserves) Regulations (LI 2462), and the power it gives to the President to give written approval ‘to a mining company to undertake mining activity in a globally significant biodiversity area in the national interest.”
In a joint statement issued on Friday, the Media Coalition Against Galamsey and OccupyGhana expressed their belief that the mere existence of Legislative Instrument (LI) 2462 is what encouraged an application by High Street Company to engage in mining activities in the Kakum Forest in the Central region.
“We believe that Ghana needs a simple legislative fiat that says ‘WE DO NOT MINE OR DRILL IN OUR FOREST RESERVES.’ We therefore invite Parliament, as a matter of urgency, to pass an Act that forbids the grant of any mining or drilling permit, licence or lease or any other associated activities in all forest reserves and significant biodiversity areas.”
“And to ensure that Government does not evade the aims of the proposed law by simply revoking the status of current forest reserves, we recommend that any decision on the cessation of forest reserves should be, first, on the advice of the Forestry Commission and Lands Commission, and, second, with the approval of Parliament after a public hearing and engagement with the chiefs and the people of the area in question.
“This would require the amendment of the Forest Act, 1927 (Cap 157) to take away the power of the President to do this simply by issuing an Executive Instrument. To this end we also demand the express revocation of the ill-fated Forests (Cessation of Forest Reserve) Instrument (EI 144 of 2022), which purported to revoke the forest reserve status of the Achimota Forest.”
A pressure organization, OccupyGhana, has written to the Lands Commission requesting information on abandoned state lands.
After OccupyGhana brought the Lands Commission before the Right to Information Commission (RIC) after its application to obtain information on returned state lands was denied, the RIC ordered the Lands Commission to provide OccupyGhana with information on “returned” State lands.
But OccupyGhana in a statement said, the Lands Commission is yet to comply with the directives of the RIC.
It has thus reminded the Lands Commission to provide the information in accordance with the RIC’s orders.
“Today marks eight days since the Right to Information Commission (RTIC) delivered the ruling that ordered you to release the information to us within 14 days. In our 2 March 2023 letter, we also brought the ruling to your attention, and inquired when we may receive the information. We have not heard from you on these requests. We will send you daily reminders until you deliver the information to us”, OccupyGhana stressed in its statement.
The RIC also slapped an ‘administrative fine’ of GH¢100,000 on the Lands Commission for earlier denying OccupyGhana the request.
OccupyGhana rejected the move by the Lands Commission to return Achimota Forest lands to the alleged owners, questioning its legality and constitutionality.
The RIC in its ruling on March 1, 2023, amongst others ordered the Executive Secretary of the Lands Commission to provide information on all public lands which government’s ownership has been relinquished but this yet to be done.
“And if the 14 days expire without you giving us the information, we will take all steps available to us under the law to ensure that you comply with the RTIC’s orders”, Occupy Ghana continued.
Find full statement below
Our Ref: OG/2023/013
9 March 2023 The Ag Executive Secretary Lands Commission Accra
Attention: James E K Dadson
Dear Sir:
RE: REQUEST FOR INFORMATION CONCERNING RELEASED OR RELINQUISHED LANDS
This is to follow up on our letter to you dated 2 March 2023 (our ref: OG/2023/011) on the above matter.
Today marks eight days since the Right to Information Commission (RTIC) delivered the ruling that ordered you to release the information to us within 14 days. In our 2 March 2023 letter, we also brought the ruling to your attention, and inquired when we may receive the information. We asked that if the information was in hardcopy, you let us know the total cost of it so that we may pay for and collect it. We also asked that if it is in softcopy, you let us know when, and to whom, we may submit a hard drive on which you will install the information.
We have not heard from you on these requests. We will send you daily reminders until you deliver the information to us. And if the 14 days expire without you giving us the information, we will take all steps available to us under the law to ensure that you comply with the RTIC’s orders.
Yours in the service of God and Country
OccupyGhana
cc. The Chairman Lands Commission Accra
The Executive Secretary Right to Information Commission Accra
OccupyGhana, a pressure organization, has promised to remind the Lands Commission about their request for information about released or abandoned lands in Ghana every day.
According to the group, it has been eight days since the Right to Information Commission (RTIC) issued a judgement directing the Lands Commission to provide the requested material to them within 14 days. Today is March 9, 2023.
In a statement released today, the group promised to “send you daily reminders until you deliver the information to us,” and further stated that “if the 14 days pass without you giving us the information, we will take all steps available to us under the law to ensure that you comply with the RTIC’s orders.”
OccupyGhana’s statement
Dear Sir:
RE: REQUEST FOR INFORMATION CONCERNING RELEASED OR RELINQUISHED LANDS
This is to follow up on our letter to you dated 2 March 2023 (our ref: OG/2023/011) on the above matter.
Today marks eight days since the Right to Information Commission (RTIC) delivered the ruling that ordered you to release the information to us within 14 days. In our 2 March 2023 letter, we also brought the ruling to your attention, and inquired when we may receive the information. We asked that if the information was in hardcopy, you let us know the total cost of it so that we may pay for and collect it. We also asked that if it is in softcopy, you let us know when, and to whom, we may submit a hard drive on which you will install the information.
We have not heard from you on these requests. We will send you daily reminders until you deliver the information to us. And if the 14 days expire without you giving us the information, we will take all steps available to us under the law to ensure that you comply with the RTIC’s orders.
Yours in the service of God and Country OccupyGhana
The Lands Commission has to pay an administrative fine to a tune of GH¢100,000 to the Right to Information Commission (RIC) for failing to release information on returned state lands to pressure group, OccupyGhana.
Also, the RIC has instructed the Lands Commission to provide the said details to the pressure group.
The Executive Secretary is to provide among other things; a list of all public lands over which government’s ownership or control has been relinquished, and the names of the person to whom those lands have been released.
“The respective sizes and locations (suburbs, towns/cities and regions) of all such lands; The conditions of release, whether free, sale, lease or licence; If the land has been leased, the amount of rent paid or payable; and any other amounts paid or received by government, if any, for each such transaction”.
These pieces of information are to be provided not later than 14 days after receipt of the decision.
The pressure group sought after this information after reports that the government has retrieved lands that were encorached by some individuals.
OccupyGhana in its statement explained that they were compelled to seek RIC’s intervention in September last year after the Lands Commission told them that they would do so upon advise from the Attorney-General.
“For a while, we tolerated the risible excuses, starting with the 7 June 2022 demand for the details of ‘any personality’ within our organisation, to the 21 June 2022 blame of its own ‘manual’ systems.
“But when on 2 September, the Lands Commission finally claimed that it was waiting for the Attorney-General’s advice on whether the consent of the persons to whom the State lands had allegedly been transferred was required to provide the information, we were compelled to seek the RIC’s intervention,” OccupyGhana added in its statement.
A pressure group called OccupyGhana has requested the government to retract its response to a question about the status of the planned conduct of Public Officials Bill 2022.
OccupyGhana maintains that it is being caught by the government’s letter’s secret and confidential labelling.
OccupyGhana requested an update on the status of the relevant Bill in a letter to the Attorney-General (AG) and Minister of Justice in August 2022.
It used the Right to Information law to request information about the actions being taken by the proper authorities in response to recent claims of conflict of interest “levelled against some government employees.”
After six months, the government’s reaction to the pressure has been classified as confidential.
However, OccupyGhana suspects this is a deliberate attempt by the government to trap it and requests that the response be immediately withdrawn.
“Our request to you in the exercise of our constitutional right to information was not confidential. We were certainly not seeking information that constituted a state secret. We just wanted to know the status of the Draft Bill, since we knew it had been submitted with a Memorandum for Cabinet’s approval. Cabinet’s decision, which would mean the Executive will or will not forward it to Parliament for debate and enactment into law, is not a matter that is confidential or a state secret.”
“Unfortunately, the ‘trap’ of those markings means that if we disclose this momentous and disappointing decision to the public, we could, arguably, be charged with offences under the State Secrets Act, 1962 (Act 101). Although we think any such prosecution would be wicked and would certainly fail, we do not want to go down that path”, the statement read in parts.
The draft Conduct of Public Officers Bill, 2022 proposes, among others, the removal of the unconstitutional extension of time given to public officers to declare assets and liabilities.
The draft Bill is however yet to obtain Cabinet approval for onward consideration and approval by Parliament.
OccupyGhana has in the past been pushing for the swift passage of the Bill.
Here is the full statement from OccupyGhana
RE: RIGHT TO INFORMATION REQUEST ON THE STATUS OF THE DRAFT CONDUCT OF PUBLIC OFFICERS BILL, 2022
We have received your letter dated 14 February 2023 (your ref: OPCA.3/3/140223), responding to our inquiries on the above-matter. You have finally communicated to us, six months after we first wrote to you, Cabinet’s decision on whether or not it would approve the above-mentioned Draft Memorandum and Bill for submission to Parliament. For the communication of such a momentous decision by the Executive, we are taken aback that your two-page final response to our Right to Information Request is boldly stamped ‘CONFIDENTIAL’ on the first page and marked ‘SECRET’ on the second page.
Our request to you in the exercise of our constitutional right to information was not confidential. We were certainly not seeking information that constituted a state secret. We just wanted to know the status of the Draft Bill, since we knew it had been submitted with a Memorandum for Cabinet’s approval. Cabinet’s decision, which would mean the Executive will or will not forward it to Parliament for debate and enactment into law, is not a matter that is confidential or a state secret.
Unfortunately, the ‘trap’ of those markings means that if we disclose this momentous and disappointing decision to the public, we could, arguably, be charged with offences under the State Secrets Act, 1962 (Act 101). Although we think any such prosecution would be wicked and would certainly fail, we do not want to go down that path. It is simply unthinkable and befuddling that Cabinet would take a decision to either approve or refuse approval of a Draft Bill that seeks to regulate the conduct of public officers, declaration of assets, etc, and which is already in the public domain, but would want its decision on the matter and the reasons for it to remain confidential and/or a state secret. We dare Cabinet to be bold and allow us to share your letter with Ghanaians, and not cower behind the State Secrets Act on a matter like this.
We therefore invite you to communicate to us in writing, your withdrawal of those markings, so that we may inform the people of Ghana of the Government’s interest or otherwise in working to ensure that the Draft Bill becomes law that will regulate the conduct of public officers, for the several reasons you state in that letter.
Kindly respond at your earliest convenience.
We will follow your lead and send copies of this letter to all the persons you copied your letter to. But we will also copy all press houses because our letters to you are neither confidential nor a state secret.
Yours in the service of God and Ghana
OccupyGhana
cc. Chief of Staff Office of the President Jubilee House Accra
Secretary to the President Office of the President Jubilee House Accra
Attorney-General & Minister for Justice Office of the Attorney-General & Minister for Justice Accra
Minister for Information Ministry of Information Accra
A private legal practitioner and leading member of pressure group, OccupyGhana, Ace Anan Ankomah has been recounting his life story.
Ace Ankomah in an interview on Foot Prints on Citi TV hosted by Samuel Attah-Mensah, said his advocacy work and social change campaigns are because he’s always irritated by issues affecting the country.
“I have always stated my views, I have neither been shy to say what I think. I’m no shrinking violet, I don’t pull punches, and I don’t suffer foolishness gladly. I see a country that has so much, yet so little. It’s a painful thing to look at Ghana.”
“Ghana irritates me very much. Every day, I give up on Ghana and the next day, I’m back still trying to see if we can make Ghana well. Every day I say let’s just give up, but sometimes I feel like let’s just forget it. It happens to me and I will say today I won’t bother myself with Ghana, in two hours I’m back writing something about Ghana, because this is Ghana”.
The outspoken lawyer who is also the Managing Partner at Bentsi-Enchill, Letsa and Ankomah law firm, explained that he’s now toned down on expressing his views on the happenings in the country as a way of disciplining himself.
Even with that, he said he still does his advocacy work via OccupyGhana.
“I can understand those who do not want to speak, it comes at a cost because everybody out there thinks they can insult you because you speak your mind. People say why don’t you speak too much of late? I said I grew up and decided to discipline myself. You know me I can pick a fight in an empty room, I don’t fear engaging in a fight with anyone. I can’t pull punches, so the best way to discipline myself is not to get involved at the human advocacy level. But I will do what l can through OccupyGhana,” he noted.
Ace Ankomah said the group has been able to make some impact on governments’ decisions despite the many threats its members encounter.
“OccupyGhana has never organised a demonstration. We rather join other groups’ demonstrations. The beginning of OccupyGhana was very rough. In one day, two members had acid on their car tires. People said you guys if you go on the streets, we will teach you a lesson. They said they will do a Morgan Tsvangirai out of you [us]–The Zimbabwean opposition leader who was beaten,” he underscored.
He said the group members lately do a lot of writing on issues that need change, and they are never tired.
“After the demonstrations what next? So we decided to carry the battle to an intellectual level and that has evolved. We realised that we don’t have to be on the streets, organise press conferences, speak to radio stations to make an impact anymore.”
“We decided to write, I do a lot of writing, and I’m never tired. I spend two hours every day doing OccupyGhana work. I tell my friends in government, I can follow you like a demon, I follow them and we harass them. Sometimes we sit back, and we are amazed at the things we have achieved by just writing letters,” Ankomah emphasised.
Pressure group, OccupyGhana, has outlined some ten measures which can potentially put the country’s economy on track should they be implemented by government.
According to the group, government cannot continue to blame the Covid-19 pandemic and the Russia-Ukraine war for its current situation since the country’s “debt was unsustainable even before these external factors kicked in and compounded an already precarious situation.”
In a statement sighted by JoyNews, OccupyGhana argued that the recent debt restructuring programme announced by government through the Finance Minister, Ken Ofori-Atta is not in the best interest of Ghanaians or investors, hence the ten recommendations listed.
First, the pressure group is reiterating earlier calls for the President to cut down on the size of his government.
This, they claim, will send “a powerful message in these tough and painful times that the Government is serious about its commitment to do better while requesting sacrifices from the general public.”
Again, OccupyGhana is urging the President, Nana Akufo-Addo to start paying his income tax. They believe the President paying his income taxes will compel other citizens to do same.
“We should remove the tax exemption granted to the President under article 68(5) of the Constitution. While the actual savings from this might not be much, it is hugely significant and relevantly symbolic. The President must lead by example,” the group stressed.
While asking the President to revise all tax exemptions given out, OccupyGhana is also calling for the scrapping of ex-gratia payments to all Article 71 Officeholders.
Find the rest of the recommendations below:
GHANA’S CURRENT ECONOMIC SITUATION – OUR FURTHER THOUGHTS AND PROPOSALS
OccupyGhana has noted, with considerable concern, the Finance Minister’s announcements on restructuring portfolio investments. While IMF support depends on the proposed ‘haircuts,’ they are extremely painful to the many Ghanaians who have participated in these investments. Simply, under this Government’s watch, Ghana has become broke under circumstances that were avoidable and are inexcusable and unpardonable.
As we stated in our Press Release dated 28 October 2022 (Our ref: OG/2022/050) and titled GHANA’S CURRENT ECONOMIC SITUATION – OUR THOUGHTS AND PROPOSALS, the nation would not be in this situation but for the Government’s failed, risky economic strategy that borrowed heavily from the international market to fund expenditure, pay maturing debt, support the cedi and possibly control the effect of the depreciation on inflation. This risky strategy effectively relied on good fortune and extremely astute economic management, both of which failed. Thus, although the Government would seek to blame the pandemic and the Russia-Ukraine war for this disaster, it cannot evade or avoid the fact that our debt was unsustainable even before these external factors kicked in and compounded an already precarious situation.
TWO BROAD COMMENTS
We have two broad comments on the announcements that request Ghanaians to forego legitimately earned funds to help the Government out of the disaster it has created.
First, we consider the Finance Minister’s announcements as nothing more than an offer from the Government to institutional portfolio investors to accept new terms that vary the terms under which the latter acquired the Government’s securities. We think that the Government has no power under the law and the Constitution to unilaterally impose fresh terms on portfolio investors; negotiation and the mutual consent of all parties will be required.
Second, notwithstanding the claims that individual investors are insulated from the proposed ‘haircuts,’ the millions of Ghanaians whose funds (pension or otherwise) have been invested by institutional fund managers in Government securities, will be the ultimate losers in this new offer. That is because those fund managers will simply pass the cuts on to their clients and customers.
There is simply no way to understate the terrible consequences that this state of affairs has caused and will cause to Ghanaians. That is why we believe that any offer to the citizens, who are already hit with the multiple effects of inflation and cedi depreciation, to essentially bail the Government out of its self-afflicted disaster, must come with an acceptance of failures and a firm commitment to do better.
TEN RECOMMENDATIONS
We therefore recommend 10 things that the government may act upon.
First, reduce number of Government appointees by at least fifty percent. This may be achieved by consolidating several ministries and slashing the number of political appointees (ministerial and otherwise), such as all deputies and the like, and entrusting public servant-technocrats with the responsibility of supporting substantive heads. This will send a powerful message in these tough and painful times that the Government is serious about its commitment to do better while requesting sacrifices from the general public.
Second, let the President pay income taxes too. We should remove the tax exemption granted to the President under article 68(5) of the Constitution. While the actual savings from this might not be much, it is hugely significant and relevantly symbolic. The President must lead by example. When he pays his taxes, then he can demand that the rest of us pay taxes too.
Third, it is time to rationalise the so-called ‘article 71 benefits.’ Ghana needs to end the three-decade-old grand conspiracy among the political class that milks Ghana under the false argument that article 71 authorises so-called ‘ex-gratia payments.’ We must eradicate the multiple claims of ex-gratia; the multiple claims over different administrative/government terms do not make sense and are difficult to sustain. We must also immediately end the false scheme by which successive governments deliberately delay the setting up of the emoluments committee till the end of their terms, so that salaries and emoluments are agreed upon and calculated literally at the ‘midnight’ of the outgoing government, considered and adopted in secrecy to precious little debate, and then applied retrospectively. Ghanaians only get to find out the huge pay-outs to the executive and legislators after-the-fact. We demand that the committees are established at the start of each government so that we know what and how much the political actors are entitled to when they assume office. The current government must establish the committees NOW.
Fourth, revise all tax exemptions, especially those granted to incomes and gains from portfolio investments. The Government must as a matter of urgency, amend section 7(1)(p) to (v) of the Income Tax Act, 2015 (Act 896) to remove all or some of the exemptions on incomes and gains from portfolio investments. These are not normal times, and we propose imposing a specific, time-bound withholding income tax regime on such earnings. Ghana may consider re-granting the exemptions when we have recovered.
Fifth, intensify and institutionalise GRA’s invigilation activities. In addition, the legal sanctions for under-reporting and tax evasion must be drastically applied.
Sixth, explain the source of funding of the proposed Financial Stability Fund (FSF). Extreme transparency of the proposed programme and its implementation is required. If the Government is broke and requires an IMF bailout, where will the monies for the FSF come from?
Seventh, pursue the Auditor-General’s Disallowances and Surcharges. The Government must show some seriousness in pursuing those the Auditor-General has found to have caused loss to Ghana. To the best of our knowledge, the Government is doing nothing to enforce the Auditor-General’s disallowances and surcharges. The President issued a terribly belated instruction to heads of institutions to provide to him the names of all persons identified to have caused losses to the state in the Auditor-General’s Reports. The President’s deadline has come and gone with no communication or indication on whether the names were indeed supplied to the President, and what the President is going to do with them.
Eighth, end Galamsey. The Government has to address the Galamsey menace as a matter of urgency, as our natural resources are plundered and ecosystem destroyed. The much-publicised Kumasi meetings do not appear to have borne fruit. We have written to the President at least 9 times in the past six weeks, in addition to several other previous statements on this, challenging the Government to properly regulate artisanal mining in a way that benefits the nation. They have all been ignored. Our current efforts will come to nothing if this canker is allowed to overcome any future economic recovery.
Ninth, slash all non-critical government expenditure. Implement a ruthless focus on prioritising government projects and expenditure, and ensure a strict relationship to GDP growth going forward. And, the Government must provide monthly reports on the how much money all announced cost-saving measures have delivered. We specifically recommend the suspension of all fees and allowances paid to persons appointed by the Government to serve on various boards. We also recommend suspending all expenditure on the proposed National Cathedral. Whatever arguments there might have been to support spending now non-existent money on the proposed National Cathedral, have been eroded by the dire straits that the nation faces. Our current situation makes the continued commitment in the budget to spend GHS80M on the cathedral, look like a vanity project. We lose nothing by suspending expenditure on that project until the economy recovers.
Tenth, rationalise the President’s Flagship programmes. This includes the Free SHS scheme. Every Ghanaian who can pay fees should pay. Limit the scheme to only those who can prove that they are not capable of paying fees.
In conclusion, a Government that is pleading with Ghanaians to bail it out of a self-afflicted disaster, must ‘bear fruits worthy of repentance.’
Pressure group, OccupyGhana has petitioned the Special Prosecutor to investigate a supposed wealthy businessman, who allegedly attempted to bribe a group of MPs calling for the head of the Finance Minister Ken Ofori-Atta, and Minister of State at the Finance Ministry, Charles Adu Boahen.
In a letter addressed to the Special Prosecutor, OccupyGhana contended that the act is a potential corruption offense that ought to be probed by the Special Prosecutor for prosecution if established to be true.
“We have followed media reports from interviews by Joy FM with Osei Kyei-Mensah Bonsu (MP, Suame, Majority Leader and Minister of Parliamentary Affairs) and Andy Appiah-Kubi (MP, Asante Akim North), which have been widely circulated by other media portals,” the OccupyGhana statement said.
“In these interviews, the MPs alleged that an unnamed, wealthy businessman had attempted to bribe them. That would be an attempt to influence the conduct of MPs in the course of their official duties, a potential corruption offence that falls within the remit of your office,” the letter added.
Pressure group, OccupyGhana (OG), has petitioned the Office of the Special Prosecutor (OSP) to probe allegations of a wealthy businessman who attempted to bribe some 80 lawmakers of the governing New Patriotic Party (NPP) who were calling for the resignation of Finance Minister, Ken Ofori-Atta.
The allegation was first made by Majority Leader Osei Kyei-Mensah-Bonsu.
According to OccupyGhana attempting to bribe MPs is an attempt to influence the conduct of the lawmakers in the course of their official duties which is a potential corruption offence that falls within remit of the Office of Special Prosecutor.
The group wants a probe into the claim and if the allegations are established to be true, proceed to prosecute.
Some 80 NPP MPs at a press conference called on President Nana Addo Dankwa Akufo-Addo to fire Finance Minister, Ken Ofori-Atta.
However, after a meeting with the President, they backtracked and gave the Minister time to prepare the 2023 budget and also finish his engagement with the International Monetary Fund.
President Nana Addo Dankwa Akufo-Addo has been urged by the pressure group OccupyGhana to swiftly proclaim a State of Emergency in all mining regions of the nation.
According to a statement released by the Group on Monday, this was the only way the President and his administration could organize the nation’s mining operations and triumph over illegal mining, also known locally as “galamsey,”
Additionally, it requested President Akufo-Addo to consult the Council of State before issuing a Gazette on the matter.
“We…, request that you take immediate steps towards declaring a State of Emergency in every mining area in Ghana.
“By article 31(1) of the Constitution, these steps will be, first, seeking and obtaining the advice of the Council of State and, second, publishing a proclamation of the declaration in the Gazette,” the statement said.
“Considering the gravity of the situation, we fully expect Parliament to agree with the government and provide that the state of emergency should remain for such period as Parliament may determine so that the government can get a grasp of the situation,” it said.
Pressure group, OccupyGhana has asked President Akufo-Addo to declare a state of emergency in the various mining areas across the country.
OccupyGhana last week wrote to the president asking him to show more commitment towards the fight against galamsey which the group noted had failed abysmally.
In the letter dated September 28, 2022, OccupyGhana said it would write a reminder to the president every Monday until it sees firm actions being taken by the government to stop illegal mining.
In the first of its reminder dated October 3, 2022, OccupyGhana said the current situation of illegal mining impact satisfies the requirements of 31(9) of the 1992 Constitution.
The group thus charged the president to declare a state of emergency.
“In our open letter to you dated 28 September 2022, we promised to send you a Galamsey reminder every Monday morning until your government takes drastic steps to control the situation. This is the first reminder.”
According to the pressure group, the threats of illegal mining to the country require immediate actions such as the declaration of a state of emergency.
“We risk losing our very essence as a nation unless immediate and radical action is taken, first to STOP all unregulated and illegal mining, and then put a process in place to REGULATE artisanal mining, going forward.
“We therefore request that you take immediate steps towards declaring a state of emergency in every mining area in Ghana. In accordance with article 31(1) of the Constitution, these steps would be, first, seeking and obtaining the advice of the Council of State and, second, publishing a Proclamation of the declaration in the Gazette,” the group said.
As stipulated by Article 31(1) of the Constitution, OccupyGhana said it also expects parliament to be recalled from its break after the declaration by the president.
“We expect Parliament to be recalled from its vacation, for the government to place before it ‘the facts and circumstances leading to the declaration of the state of emergency under article 31(2). Considering the gravity of the situation, we fully expect Parliament to agree with the government and provide that the state of emergency should remain for such period as Parliament may determine, so that the government can get a grasp of the situation.
“For our part, we have, and are willing to offer, suggestions and proposals on how to establish a properly regulated artisanal mining industry in Ghana that would benefit the wider interest of all Ghanaians,” it added.
There is a renewed public conversation about the impact of illegal mining on Ghana’s water and forest reserves.
Currently, several water bodies are under threat from the galamsey activities while forest covers are being depleted by the day.
Pressure group, OccupyGhana has asked President Akufo-Addo to immediately declare a state of emergency in all mining areas in the country.
To them, this will help the President and his government streamline mining activities in the country.
In a press release issued on Monday, it urged President Akufo-Addo to seek advice from the Council of State before publishing a Gazette on same.
“We, therefore, request that you take immediate steps towards declaring a state of emergency in every mining area in Ghana.
The release from OccupyGhana
“In accordance with article 31(1) of the Constitution, these steps would be, first, seeking and obtaining the advice of the Council of State and, second, publishing a Proclamation of the declaration in the Gazette,” the group urged.
Meanwhile, it has also asked Parliament to be recalled from its vacation for it to pass the state of emergency.
“Thereafter we expect Parliament to be recalled from its vacation, for the government to place before it the facts and circumstances leading to the declaration of the state of emergency under article 31(2).
“Considering the gravity of the situation, we fully expect Parliament to agree with the government and provide that the state of emergency should remain for such period as Parliament may determine so that the government can get a grasp of the situation,” the release added.
This call has been supported by the Vice President of IMANI Africa, Kofi Bentil.
According to him, this is the best solution to the matter now.
OccupyGhana is asking the Lands Ministry to go a step beyond merely directing Akonta Mining Limited to halt operations in the Tano Nimiri Forest in the Western Region.
According to the pressure group, the ministry must invite the security agencies and the Attorney General into the fray by furnishing them with the information needed to ensure that perpetrators are punished.
“We therefore demand that you forthwith refer the facts and evidence in your possession that show that the said mining company is undertaking mining operations in breach of the Act, to the police and the Attorney-General for further investigations and prosecution of the company and its directors and officers.”
The Lands Ministry on September 30 directed mining firm, Akonta Mining Limited to stop operations in the Tano Nimiri Forest.
This was after two persons sustained gunshot wounds at Samreboi in the Western Region after a section of the youth reportedly prevented personnel of Akonta Mining Limited from sending more mining equipment into the Tano Nimri Forest reserve.
The mine is owned by NPP’s Ashanti Regional Chairman, Bernard Antwi Boasiako popularly called Chairman Wontumi.
But OccupyGhana says even though the reaction is laudable, there were also some concerns raised in the communique such as the fact that the said company is undertaking the mining operations without a mining lease.
“While congratulating you on this step, we would be taken aback if that was all you did.”
This, per the pressure group, is enough grounds to pursue the case in accordance with the law.
“If the company is engaged in the activities that you have alleged, then it is committing an offence that is punishable by fines and prison terms between 15 and 25 years,” the group said in a statement.
JoyNews investigations recently revealed ongoing destruction to the Tano Nimri Forest Reserve despite the government’s declaration it has not given any entry permit into the forest.
OccupyGhana, a pressure group, has petitioned the Right to Information (RTI) Commission to order the Lands Commission to provide details on all public lands that the Commission had allegedly returned to owners.
The petition dated September 20, 2022 and addressed to the Executive Secretary of the Commission, said the action had been necessitated due to the Lands Commission’s “conceivable trick to frustrate” access to the documents.
The Group has, therefore, asked the RTI Commission to make the Lands Commission provide it (the Group) with a list of all public lands over, which Government’s ownership or control had been relinquished and the names of the persons to whom those lands had been released.
They are also asking that the respective sizes and locations (suburbs, towns/cities, and regions) of all such lands, and the conditions of release, whether free, sale, lease or license be provided.
OccupyGhana is also asking that the Lands Commission be made to tell the Group the amount of rent paid or payable, and any other amounts paid to or received by Government, if any, for the release of a land.
According to the Group, the Lands Commission had purportedly returned some public lands to the original owners in compliance with article 20(5) and (6) of the Constitution.
However, the Group said such action by the Commission was contrary to the Supreme Court’s ruling that those provisions did not apply to lands acquired before the Constitution came into force.
“Checks with both the Lands Ministry and Lands Commission have confirmed that contrary to article 258(2), there is no government policy that authorises these alleged returns of lands to purported original owners,” the pressure group noted.
The Group said it had between June 2 and September 15, 2022, engaged with the Commission to be given the needed information in line with the right to information and to be accounted to, as Ghanaians per constitutional provisions.
It said reasons for, which the information had not been given included a demand to name an individual with whom the Commission would deal with, request for time to compile the information from the regions, and the calling for a meeting to discuss the Group’s concerns.
According to OccupyGhana, the Commission also said it needed the advice of the Attorney-General on the request in the light of the provisions of the Data Protection Act and the Right to Information Act.
“At this stage, we are concerned that unless and until compelled by the Right to Information Commission to do so, the Lands Commission will keep coming up with one unsustainable excuse after another,” the Group said, hence, the petition.
The Citizens Coalition, which includes attorney Akoto Ampaw, protested the Auditor General’s failure to deny and surcharge for the various financial violations found in its reports since 2019.
“The protest is in respect of a matter which is of very major national importance. That is to ensure that those who misuse public funds are made accountable and the Auditor General as we know under the constitution has the duty to disallow any such expenditure and surcharge the persons responsible for such unlawful expenditure.
“In its reports, the Auditor General has repeatedly identified persons in the public service that have misused public funds and indicated that they ought to be surcharged. And yet, to date, the Auditor General has not rallied the spine to take that decisive action that the constitution imposes on him.
“So in this era, where we have a crisis of revenue, people who misuse public funds ought to be dealt with without any hesitation, and we are here to make sure that the Auditor General complies with his constitutional obligation and to ensure that public funds are safe.
“This would be part of the message to all public officials who have control of public funds that if they misuse public funds, they will be made to account for it,” he told GhanaWeb’s George Ayisi during the protest.
Prior to 2017, OccupyGhana, a Civil Society Organization (CSO), conducted a national campaign against corruption and poor governance, organizing a number of protests across the country.
OccupyGhana in 2017 secured a Supreme Court ruling which charged the Auditor General to issue surcharges and disallowance for the various infractions on the government’s accounts.
However, since the inception of the current administration, OccupyGhana has been accused of taking a backseat in putting pressure on the government and state institutions. The group has been accused of being in bed with the current government.
But according to lawyer Ampaw, the Citizens Coalition, by its structure, is insulated from political associations. He, however, underscored that Occupy Ghana continues to play a significant role in the advocacy terrain, including pushing for the Auditor General to exercise his powers.
“You know that for us, Citizens Coalition, one of our important membership conditions is that you will not be a member or an active participant in any party-political organisation. So that helps to insulate us from the kind of problems that may have occurred in the past.
“But it isn’t really true that OccupyGhana is not doing anything. OccupyGhana has been pushing this matter with the Auditor General. So it may not be on the streets, but it is still defending rights and ensuring that so-called duty bearers comply with their obligations to the public,” he said.
Other prominent members of the Coalition who joined Monday’s protest include lawyer Samson Ayenini, lawyer Martin Kpebu, Kofi Asare of Africa Education Watch, Nana Ama Agyemang Asante, Edem Senanu and Akwasi Pumpuni and Kofi Bentil.
Civil Society Organisation (CSO), OccupyGhana, has demanded the suspension of the operation of Executive Instrument(E.I) 144 by government.
In a letter dated May 23, 2022, the CSO said, “We write to demand that you revoke or suspend the operation of the Forests (Cessation of Forest Reserve) Instrument, 2022 (EI 144) and the Forests (Achimota Firewood Plantation Forest Reserve) (Amendment) Instrument, 2022 (EI 154) forthwith.â€
OccupyGhana added that “Instead, we demand a full public inquiry under Chapter 23 of the Constitution into the matter of the Achimota Forest Reserve.
OccupyGhana alleged that since sending that letter to the Minister, “we have had further cause to believe that this state of affairs is worse and much wider than is apparent. We are also concerned that there might have been serious instances of conflict of interest and conflict of duty involving government officials and other government actors, concerning those lands.â€
The group also called on government to institute an inquiry into all alleged return of government lands to former owners that have occurred under the Fourth Republic.
It would be recalled that last week, the President signed an Executive Instrument to declassify the Achimota Forest.
The Instrument gazetted on behalf of President Akufo-Addo by the Lands Minister, Samuel Abdulai Jinapor, stipulated that effective May 1, 2022, the land on which the Forest is located shall cease to be a forest reserve, pursuant to Section 19 of the Forest Act, 1927 (CAP. 157).
The cessation, per that document, was to be effective on May 1, 2022.
However, the Minister of Lands and Natural Resources, Samuel Abu Jinapor, has said the government is not selling the land.
According to him, plans are rather afoot to upgrade the Achimota Forest into a world-class asset.
Addressing the press on Tuesday, May 17, the sector Minister emphasised that widespread reports about the supposed sale of the Forest are false and baseless, as government has no such plans.
“The government intends to enrich the Achimota forest, revamp it and hopefully in the not too distant future, transform it into the likes of High Park of London and Central Park of New York, where Ghanaians can go and enjoy the beauty of nature and forest reserve as it happens in other parts of the worldâ€.
