Public officers who deliberately refuse to release information requested under Ghana’s Right to Information Act could soon face personal financial penalties under a new proposal by the Right to Information Commission.
Stephen Owusu, Head of the RTI Commission’s Legal Department, stated in a radio interview on Joy FM monitored by GhanaView on Wednesday, May 12, 2026, that a draft Legislative Instrument has been developed to allow for the surcharging of individual officers.
Why Public Officers Will Face Personal Surcharges for Blocking RTI Requests
The move is aimed at preventing state institutions from using taxpayer money to settle fines imposed for violating citizens’ rights to access public information.
The proposal was disclosed by the Head of Legal at the RTI Commission, Stephen Owusu, during a radio interview in Accra. According to him, a draft Legislative Instrument has already been prepared to introduce surcharges against individual public officers responsible for blocking or delaying access to information.
Under the current system, fines imposed on institutions for violating the RTI Act are often paid from public funds, even when specific officials are responsible for refusing to comply with disclosure directives.
The Commission believes the situation has weakened accountability and encouraged continued noncompliance among some public institutions.
Mr Owusu explained that the proposed law seeks to ensure that officers who fail to carry out their legal obligations bear the financial consequences personally instead of shifting the burden to the state.
The Right to Information Act, passed in 2019 and implemented in 2020, guarantees citizens access to information held by public institutions, except in limited cases involving national security, privacy or public interest restrictions.
Despite the legislation, implementation challenges have persisted across several government institutions, with journalists, civil society groups and ordinary citizens repeatedly complaining about delays, refusals and bureaucratic obstacles when requesting public information.
According to figures released by the RTI Commission, about GH¢5.6 million in penalties has been imposed on 64 institutions in 76 separate determinations between 2020 and July 2025. While some institutions have paid their penalties, others still owe millions of cedis in outstanding fines.
Organizations Owning RTI Fines In Ghana
Several organizations have outstanding penalties, including the Commission on Human Rights and Administrative Justice at GH¢30,000, the Judicial Service of Ghana at GH¢100,000, the Attorney-General’s Department at GH¢50,000, and the Public Procurement Authority at GH¢100,000. Additionally, the National Service Authority faces a GH¢50,000 fine for failing to provide personnel deployment data requested by the Media Foundation for West Africa during its inquiry into the National Service ghost names scandal.
Instituitions That Paid RTI Charges In Ghana
Among institutions that have already paid penalties are the Ghana Police Service which paid GH¢450,357, the Ghana Audit Service paid GH¢60,000 and the Parliamentary Service also paid GH¢53,785. Others, including the Judicial Service, the Attorney General’s Department and the Public Procurement Authority, reportedly still owe significant amounts.
One of the most notable cases involved the National Service Authority, which was fined after failing to release personnel deployment data requested during investigations into the alleged ghost names scandal. The Commission says the amount increased substantially because of accumulated interest charges after the institution failed to comply.
The RTI Commission has also intensified legal enforcement against defaulting institutions. Mr Owusu revealed that more than 50 court cases have been filed against institutions that ignored directives to release information or pay administrative penalties. He said the Commission has secured favourable judgments in the vast majority of the cases pursued through the courts.
Earlier this year, the Commission imposed GH¢220,000 in penalties on four public institutions for separate violations of the RTI Act, further signaling its determination to strengthen enforcement and compliance nationwide.
Transparency advocates say the proposed surcharge regime could significantly improve compliance with Ghana’s access to information laws by creating direct accountability for public officers who obstruct disclosure requests.
The proposal is currently being reviewed by the RTI Commission’s governing board before it is forwarded again to the Attorney General for parliamentary consideration. The process was previously delayed due to disruptions in parliamentary business during the election period.
If approved by Parliament, the measure could become one of the strongest accountability mechanisms introduced under Ghana’s Right to Information framework since the law came into force.
