The Right to Information (RTI) Commission says it has increasingly resorted to the courts to compel institutions to comply with directives to release public information requested under Ghana’s RTI Act.
Head of Legal at the RTI Commission, Stephen Owusu, disclosed that the Commission has filed more than 50 court cases against institutions that failed to comply with orders issued under the Right to Information framework.
Speaking on Joy FM’s Super Morning Show, Mr Owusu said the Commission took the decision to seek judicial enforcement after realising the RTI Act does not clearly spell out what happens when institutions ignore directives from the Commission.
“The act gives the commission the power to resolve complaints and impose administrative penalties, but it fell short of telling the commission what to do if its orders are not complied with,” he explained.
According to him, the Commission eventually developed a legal strategy to pursue enforcement through the courts, particularly in cases where institutions refused to release information or pay administrative penalties imposed by the Commission.
“We have been going to court since we took that decision, and as we speak, we have a lot of cases in court against institutions that have failed to comply with our directives,” he stated.
Mr. Owusu revealed that the Commission has recorded significant success in the courts.
“So far, top of my head, I believe we’ve had not less than 95% success,” he said.
The Right to Information Act, passed in 2019 after years of advocacy by civil society groups and media organisations, was designed to promote transparency and accountability in public institutions.
The law gives citizens the right to request information from public institutions, subject to certain exemptions relating to national security, privacy, and public interest considerations.
However, implementation challenges have persisted, with journalists, civil society organisations, and ordinary citizens frequently complaining about delays, refusals, and bureaucratic obstacles in accessing public information.
Mr. Owusu said the Commission often seeks two key reliefs from the courts — enforcement of administrative penalties and orders compelling institutions to release the requested information.
“When we go to court, these are normally the two things we ask from the court,” he noted.
He added that the Commission continues to encourage applicants to report institutions that fail to comply with RTI directives so appropriate legal action can be taken.
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