The Minority in Parliament is demanding full disclosure regarding how GH¢350 million approved for emergency flood relief was released.
The Minority alleges that the funds may have been withdrawn from an account other than the one authorised by Parliament.
Addressing the media in Parliament on Wednesday, July 8, Deputy Minority Leader Patricia Appiagyei claimed that, official records, raise serious questions about the source of the funds, following the Attorney General’s admission that the Contingency Fund was the subject of an ongoing court proceedings.
According to the Minority, Parliament approved the withdrawal of GH¢350 million specifically from the Contingency Fund to support victims of the recent floods. However, according to the Deputy Minority Leader, because the fund was tied up in court proceedings, the money may have been released from a different public account without parliamentary approval.
“If the Contingency Fund remained under attachment and could not lawfully be accessed, then the emergency disbursement could only have proceeded through another public account. If that is what occurred, Parliament was never asked to approve that alternative source,” Mrs. Appiagyei said.
She questioned the Ministry of Finance’s announcement that the money had been released from the Contingency Fund.
“If the funds were in fact drawn from another account, then that statement did not accurately reflect what transpired,” she added.
The Minority is demanding that, government makes public, all records relating to the transaction, including the court processes, correspondence and financial documentation.
“If the GH¢350 million truly came from the Contingency Fund as government told the nation, then lay the records before Parliament and prove it. If it did not, then tell Ghanaians which account was used, who authorised the withdrawal and under what law,” Mrs. Appiagyei challenged.
The Deputy Minority Leader further called on the Minister for Finance and the Governor of the Bank of Ghana to account for the transaction before Parliament.
Among its demands, the Minority wants the Attorney General and the Minister for Finance to appear before Parliament with all relevant documents relating to the release of the funds. It is also calling on the Governor of the Bank of Ghana to publicly clarify whether the Bank acted on the Attorney General’s directive and should identify the account from which the funds were ultimately released.
In addition, the Minority is requesting the Auditor-General to conduct a special audit into the flood relief disbursement and report the findings to Parliament.
Mrs. Appiagyei maintained that the Minority fully supports government efforts to provide relief to flood victims but insisted that emergency interventions must comply with constitutional and financial management laws.
“We stand with the victims of these floods fully and without reservation. Not one pesewa of relief should be delayed, but every cedi must be accounted for in accordance with the Constitution,” she said.
Meanwhile, the Minority in Parliament has called for the immediate resignation or dismissal of the Attorney General and Minister for Justice, accusing him of acting unlawfully in connection with the release of the GH¢350 million approved for emergency flood relief.
Addressing a press conference in Parliament Deputy Minority Leader Patricia Appiagyei appeared to allege that the Attorney General issued an unlawful directive to facilitate the release of the funds from the Contingency Fund in spite of acknowledging that the Contingency Fund was the subject of an ongoing court proceedings.
According to her, the Attorney General’s actions amounted to a breach of the Rule of Law and undermines constitutional governance.
“The Attorney General, aware of a subsisting court process, directed the Bank of Ghana to proceed, notwithstanding it, on any authority but his own considered opinion. In the Republic of Ghana, court processes are not overridden by the considered opinion of any minister,” she stated.
Madam Appiagyei argued that, the appropriate legal response would have been to seek relief from the courts instead of directing the release of the funds.
“Public interest is an argument addressed to a court. A government whose Attorney General certifies his own exemptions from judicial process has placed itself above the courts, and a government above the courts, is a government outside the Constitution,” she said.
The Deputy Minority Leader further accused the Attorney General of failing in his constitutional responsibilities, by allowing the Contingency Fund to become entangled in legal proceedings and subsequently issuing what she described as an unlawful directive.
“An Attorney General who presides over the attachment of a constitutional fund has failed in diligence. An Attorney General who conceals that attachment from Parliament has failed in candour. An Attorney General who directs the central bank to proceed notwithstanding those proceedings, on the strength of his own opinion, has failed in fidelity to the Constitution,” she asserted.
The Minority maintained that the emergency created by the recent floods did not justify bypassing established legal procedures.
“The emergency demanded speed before a judge, not a coup against the court’s process. Any competent Attorney General could have secured the lawful release of these funds within twenty-four hours by moving the court,” Mrs. Appiagyei said.
She consequently called on the Attorney General to resign immediately or be relieved of his duties by the President.
“The Minority Caucus accordingly calls on the Attorney General and Minister for Justice to resign forthwith. Should he fail to do the honourable thing, we call on the President to relieve him of office without delay,” she stated.
The Minority stressed that, its position should not be interpreted as opposition to emergency assistance for flood victims, insisting that relief should be delivered promptly but strictly within the confines of law.
“Not one pesewa of relief should be delayed. Our issue is with a government that conceals court processes from Parliament, directs its Central Bank into illegality, moves the people’s money through unapproved channels and then tells the nation a story its own records contradict,” Mrs. Appiagyei added.