The Concerned Nima Citizens Foundation is setting a powerful example of constitutional accountability after questioning the adequacy of explanations provided by the Municipal Chief Executive (MCE) of Ayawaso East regarding a sanitation expenditure of ₵677,105.00.

During the Parliamentary Local Government Committee’s engagement with assemblies, the Foundation observed the proceedings and subsequently invoked the Right to Information Act, 2019 (Act 989) to request detailed documentation on how the funds were allocated and spent.

The Assembly’s response on October 13, 2025, however, provided limited information, citing commercial privacy as grounds for non-disclosure.

Undeterred, the Foundation reiterated its RTI request on October 23, 2025, asserting that its demand rests on firm constitutional and statutory foundations.

Constitutional and Legal Foundations

Under Article 21(1)(f) of the 1992 Constitution, every person has “the right to information, subject to such qualifications and laws as are necessary in a democratic society.” This right was affirmed in the landmark Sagoe-Moses v. Minister for Transport (2016) case, where Justice Anthony K. Yeboah ruled that the right to information is directly enforceable as a human right without legislative precondition.

The Foundation’s request for certified copies of receipts, invoices, and payment vouchers related to sanitation activities also aligns with Article 41(f) of the Constitution, which obliges citizens to “protect and preserve public property and expose and combat misuse and waste of public funds.” Denying such access, the Foundation argues, undermines citizens’ ability to fulfil their constitutional duties.

RTI Act Provisions

Sections 23(1) and 24(1–2) of the RTI Act entitle applicants to receive information in the form requested, including copies, unless doing so would “unreasonably interfere” with the institution’s operations. In such cases, the law requires written justification — something the Assembly failed to provide.

Furthermore, Section 17 mandates disclosure when the information sought serves the public interest — particularly where “the benefits of disclosure clearly outweigh the harm.” Given the public health implications and the significant expenditure involved, the Foundation insists that this criterion is fully met.

Under Section 72, the burden of proof rests squarely on the public institution to demonstrate that any exemption applies and that harm from disclosure outweighs the public interest.

Local Governance and Citizen Participation

Constitutional accountability at the local level is reinforced by Article 240(2)(e), which requires that citizens be afforded the opportunity to participate effectively in local governance.

The Local Governance Act, 2016 (Act 936) echoes this through Section 47, granting citizens explicit rights to access information from District Assemblies.

The Foundation argues that meaningful participation in local governance is impossible without full access to financial records and expenditure reports.

A Model for Civic Engagement

The Concerned Nima Citizens Foundation’s systematic and legally grounded approach represents a model of civic vigilance and constitutional engagement. Its actions demonstrate how citizens can — and should — hold Metropolitan, Municipal, and District Assemblies accountable.

As the Foundation rightly notes, Ghana’s constitutional and statutory frameworks already provide the tools for accountability. What remains is for citizens across the country to exercise these rights with the same diligence and determination.

Next Steps and Legal Implications

The Ayawaso East Municipal Assembly now faces a clear constitutional obligation: either comply with the RTI request within the statutory period or provide a legally sufficient justification for refusal.

Under Section 77 of the RTI Act, non-compliance can trigger an administrative review by the Right to Information Commission (RTIC), which has in recent years imposed substantial penalties for failure to comply with the law.

The Foundation emphasizes that its actions should not be seen as confrontational but rather as part of a collaborative process of constitutional governance — one that seeks transparency, accountability, and public trust.

By providing the requested certified copies, the Assembly would affirm its commitment to democratic accountability and reinforce public confidence in local governance.

Scenes from Accra Ridge Hospital after news of Nana Konadu Agyeman-Rawlings' death