GRA/SML contract: Presidency adhering to legal protocols on disclosure – Deputy AG
A Deputy Attorney General, Alfred Tuah-Yeboah, has revealed the Presidency’s decision to withhold the full KPMG report regarding the contentious contract between the Ghana Revenue Authority (GRA) and the Strategic Mobilization Ghana Limited (SML).
This follows a request by the Media Foundation for West Africa (MFWA) for the complete KPMG report.
In response, the Presidency cited specific sections of the report, including deliberations and recommendations, as exempt from disclosure based on provisions within the Right to Information (RTI) Act.
Mr Tuah-Yeboah underscored the need for transparency and adherence to legal protocols concerning the disclosure of sensitive information.
He urged the public to respect the Presidency’s rationale for withholding the report.
“I think the reason for the decline of the request has been outlined by the government, and for now, we must stick to that. But if something new comes up, and there’s a need to revisit it, that should be the case. As we have it now, the reason has been made known to the public and it’s also within the law. So, let’s see what happens.”
“The President has the report. He has gone through it, and based on the advice, he has come out with what he thinks should be done. Moving forward, if we think there’s a need for the report to be out and if there’s no other reason but if upon further assessment there’s a need to review it, why not? As I said, there’s a reason for it, and that reason is valid. Let’s stick to it and move on,” he insisted.
According to Tuah-Yeboah, the report’s release would not yield any tangible benefits, reinforcing the necessity for the Presidency to maintain its stance on withholding it.
The Deputy AG emphasised the validity of the reasons the Presidency cited for declining the request for the report’s release.
He argued that releasing the report would serve no constructive purpose.
He made these comments on May 10, during the 14th Commonwealth Regional Conference for Heads of Anti-Corruption Agencies in Africa.
Background
KPMG, an auditing firm, has completed and presented its report on the contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Ltd (SML) to President Akufo-Addo.
The President commissioned KPMG to audit the contract on January 2, 2024, with a deadline initially set for January 16, 2024, but later extended to February 23, 2024.
According to the audit findings, SML received a total of GH¢1,061,054,778.00 from 2018 to date while partially fulfilling its obligations. However, the report also noted that SML’s work had contributed to an increase in revenue in the downstream petroleum sector.
Contrary to the audit report’s claims, SML has disputed receiving GH¢1,061,054,778.00 for its contract with the GRA, arguing that KPMG cited the figure “without reference to the investments made and the taxes paid” during the review period.
The Presidency declined a Right to Information (RTI) application submitted by the Media Foundation for West Africa (MFWA) seeking the full KPMG audit report on the revenue mobilisation agreement between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Ltd (SML).
Citing section 5 (1) (a) and (b) (i) of the RTI Act, the Presidency stated that it has the right to reject requests for information deemed crucial. According to the Presidency, the KPMG report contains sensitive information falling under these provisions.
In a letter addressed to the MFWA and signed by the Chief Director to the Chief of Staff, H. M. Wood, the Presidency expressed regrets over its inability to fulfil the request, highlighting the confidential nature of the KPMG report.