Constitutional Accountability In Action: Nima Citizens Demand Transparency On Sanitation Expenditure

During the Parliamentary Local Government Committee engagement with assemblies, The Concerned Nima Foundation observed proceedings and found the explanations regarding expenditure report of The Municipal Chief Executive (MCE) of Ayawaso East to be inadequate hence, invoked the Right to Information Act (RTI), (Act 989) to request comprehensive documentation on the expenditure of ₵677,105.00. and the allocation. October 13^th 2025, replied with less information on the grounds of commercial privacy.

The Foundation, On October 23^rd, 2025 reiterated its Right to Information request arguing it stands on unassailable constitutional and statutory ground. Article 21(1)(f) of the Constitution guarantees every person "the right to information, subject to such qualifications and laws as are necessary in a democratic society." The landmark 2016 High Court decision in Sagoe-Moses v. Minister for Transport established that this constitutional right is directly enforceable without legislative precondition. Justice Anthony K. Yeboah held unequivocally that "every person in Ghana has the inalienable right to information including official information" and that "Article 21(f) is enforceable as a human right without more."

The Foundation's request for certified copies of receipts, invoices, and payment vouchers relating to sanitation activities finds further constitutional support in Article 41(f), which imposes upon every citizen "the duty to protect and preserve public property and expose and combat misuse and waste of public funds." This constitutional duty implies a corresponding right to access financial information. Compliance failure will curtails citizens right to fulfil their civic obligation.

Sections 23(1) and 24(1-2) of the Right to Information Act, 2019 (Act 989) explicitly entitle applicants to access information "in the form requested" including copies, unless providing such copies would unreasonably interfere with operations. Where this limitation applies, the public institution must state the limitation in writing and provide justification. The Assembly's offer of mere inspection without legal justification fails to satisfy these statutory requirements.

Section 17 of the RTI Act reinforces the position of the Foundation. It mandates disclosure when information requested borders on public interest where "the benefits of disclosure clearly outweigh the harm or danger that the disclosure will cause." Sanitation expenditure involving substantial public funds and affecting public health unquestionably satisfies this standard. Section 72 places the burden of proof upon the public institution to demonstrate that information qualifies for exemption and that harm from disclosure exceeds public interest.

Local government accountability finds constitutional emphasis in Article 240(2)(e), which requires that "people in particular local government areas shall, as far as practicable, be afforded the opportunity to participate effectively in their governance." Meaningful participation requires information access. The Local Governance Act, 2016 (Act 936) reinforces this obligation through Section 47, establishing specific rights to access information from District Assemblies.

The Foundation's methodical, constitutionally grounded approach deserves national commendation. This exemplifies how citizens should hold Metropolitan, Municipal, and District Assemblies accountable. Other constituencies throughout Ghana would benefit immensely from adopting this praise-worthy model of civic engagement. The constitutional framework exists; what remains is for citizens to exercise these rights with the same determination and precision demonstrated by the Concerned Nima Citizens Foundation.

The Assembly now faces a straightforward constitutional obligation: comply with the RTI request within the statutory period or provide legally sufficient justification for limitations. Section 77 of the RTI Act provides for administrative review by the Right to Information Commission where institutions fail to comply. Recent Commission decisions demonstrate robust enforcement, including substantial penalties for non-compliance.

The path forward is clear. The Assembly should recognise this engagement for what it represents: not adversarial confrontation, but partnership in constitutional governance. By providing the requested certified copies, the Assembly would demonstrate commitment to the transparency and accountability that undergird democratic local government.

The Foundation has acted with patience, precision, and patriotic purpose. The Constitution and law stand firmly with their request. Ghana's democratic future depends upon such citizen vigilance. The Assembly should embrace this opportunity to model exemplary constitutional compliance, setting a standard for municipal governance nationwide.

Constitutional accountability is not negotiable. It is foundational. The Concerned Nima Citizens Foundation has shown the way. The Assembly must now fulfil its obligation.

Issaka Sannie – Farakhan.
farakhani@hotmail.com

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