Release information to NDC MP within 30 days - Court orders EC

An Accra High Court has ordered the Electoral Commission to release information on the acquisition of the Biometric Voter Management System (BVMS).

The court directed that this should be presented to the court’s registry within 30 days after a fee of GH¢1,500 is paid by the MP.

Member Parliament for Ashaiman, Ernest Henry Norgbey, in March 2020, filed a suit in court to compel the EC to furnish him with some procurement information on the new Biometric management System (BVMS).

His suit comes after the EC initially refused to furnish him with the information stating that “an applicant seeking to access information under this Act [Right to Information] shall pay the fee or charge approved by Parliament in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2009 (Act 793)”.

According to the Commission, fees and charges applicable for the said information is yet to be determined in accordance with the law hence the reason such information cannot be given out.

In the suit, the MP is seeking a declaration that the “refusal, failure or neglect” of the EC to furnish him with the information on the BVMS, violates his rights under Article 21 of the 1992 Constitution which guarantees the right to information.

He is also seeking to know the processes the EC adopted prior to contracting the services of Dr. Ofori-Adjei, IT Consultant and Mr. A. Akrofi, Procurement Consultant; and whether the said procurements were done in accordance with Part 6 of the Public Procurement Act among others.

Mr. Norgbey is also demanding “a copy of the award letter from the EC to Thales DIS in respect of the contract for the acquisition of hardware component of the new voter management system.”

It is based upon these demands that the court gave a direction that these information should be released.