Judge speaks on information law

Ho, Sept. 7, GNA - Mr. Justice Richard Apaloo, a Ho High Court Judge said on Friday that changes to laws which restrict freedom to information must be pursued "in a piece meal fashion to avert the collapse of state institutions", when the right to Information law comes into effect.

These laws included the Official Secrets Act, Civil Service Law, Armed Forces Act, Police Service Act and the Prisons Service Decree. Mr. Justice Apaloo was delivering a paper on " Right to Information: A Judge's Perspective on Counsel's Assistance in a Trial", at a day's public seminar on the Right to Information organised by the Commonwealth Human Rights Initiative (CHRI) in collaboration with the British Council in Ho.

"The creation of a situation which public office holders cannot handle may lead to anarchy", he cautioned saying, "I believe this may be the policy behind the failure to pass the bill since 1999".

Mr. Justice Apaloo said the citizens right to information was an assurance that the public can hold "state institutions accountable for contracts, funds, grants loans, for and on behalf of the public" and ensure transparent and accountable governance.

He however, contended that the power of the Supreme Court to determine Constitutional Challenges to access to information as provided in Articles 135 and 21 of the 1992 constitution (1) inhibits the public's right to access information.

Mr Justice Apaloo said the reason for this view " is based on Article 140 (2) which vests jurisdiction in the High Court to enforce Fundamental Human Rights and Freedoms guaranteed by the Constitution". "I have no doubt in my mind that access to information is a Human Rights Issue", as stipulated in Articles 21 (1) (f) and 33 (1)", of the 1992 Constitution, he said.

He wondered whether the Supreme Court would not be inundated with referral cases from the lower Courts in addition to initiation and commencement of fresh cases to determine whether or not information withheld by a state institution should be made public. "In my view the Supreme Court should be enabled to exercise an appellate jurisdiction only in challenges to the production of information", Justice Apaloo said.

Mr Justice Apaloo held that for an application to compel a public official to provide information under the law, such an application must be to the appropriate body for precise information and be within the time limit required, the information should not have been provided already, it must not violate the sanctity of individuals or group and should not spread fear and destabilise the government and jeopardise trade secrets.

In a speech read for him, the Volta Regional Minister, Mr Kwasi Owusu-Yeboa said citizens right to information was a necessary requirement for their active participation in government. "If the people for whom we are placed in government cannot effectively participate in governance, then our task as members of government becomes impossible", he said.

Mr. Owusu-Yeboa however, cautioned that there must be responsible use of information to prevent the destabilisation of the country.

Mr. Oscar Vulor, President of the Volta Region branch of the Ghana Bar Association (GBA) observed that "ouster" clauses in the right to information bill must be deleted because they could be used by those in authority to frustrate timely access to information.

Mr Vulor said by vesting in the Supreme Court the power to hear complaints of denial of access meant that many applicants who live outside Accra would not be able to pursue their complaints.

Dr A. Bonnah-Koomson, a member of the National Media Commission (NMC) in an overview of the bill said it is strengthened by the fact that it places an obligation on public officials to satisfy the public demand for information, it promotes proper record-keeping and makes it mandatory for all institutions to have information officers to serve the public.

He said the bill is weakened by its lack of a definition of a government agency, the determination of complaints by the Supreme Court instead of the High Courts, and the 20 years prescribed for withholding access to certain types of information.

Reacting to the last point however, Mr Justice Apaloo said it was necessary to preserve national security and civil order. Mr Cyril Acolatse, another member of the NMC said, "it is my strong conviction that the coming of the Right to Information Law will drastically stem the overly speculative and sensational journalism that we now live with. Indeed, civic and responsible journalism... warrant such a law in Ghana."

In a paper titled, "Free Flow of Information Not Only from or For Media", presented on his behalf, Mr Yaw Boadu-Ayeboafoh, Editor of the Daily Graphic said " ...a freedom of information law could protect us from harassment by media personnel, for information, which from all intents and purposes, is private, but which could be leaked to them."