Pressure group, OccupyGhana, says it may in a week's time petition the Right To Information (RTI) Commission to compel the Attorney-General's Office to provide information on issuing surcharges in the 2019 and 2020 Auditor-General’s report.
In its letter dated February 3, to the A-G, it will also consider taking other legal actions since it has not been assured that actions are being taken against the individuals responsible for the illegal use of government funds.
"..If we are not assured of any action being taken by your office on this action within the next seven days, we will proceed with legal action including sending a petition to the RTI Commission for you to provide information to us on your compliance.
".. or otherwise with the mandatory provisions of the Constitution and its demand that you disallow and surcharge the relevant persons with (i) any illegal expenditures, (ii) amounts not duly brought into account, and (iii) the amounts of all losses or deficiencies arising from negligence or misconduct," parts of the letter read.
In a letter dated September 9, 2021, to the Attorney-General's Office, OccupyGhana noted that the A-G not issuing surcharges constitutes contempt of the Supreme Court and a High Crime. Therefore, demanded that surcharges are demanded.
"We write to demand that you forthwith, issue disallowances and surcharges to all persons you have identified as having been either engaged in or responsible for the illegal use of government funds in your 2019 and 2020 Audit Reports.
This is because, you are bound to do so, and any omission constitutes both contempt of the Supreme Court and a high crime under the Constitution.”
But OccupyGhana says since notifying the A-G office, it has not received a response from the Attorney-General.
"Unfortunately, we have not received any response from your office on this matter. If you have already taken action, please ignore this letter. But if you have not yet taken action, please do so immediately."
In view of this, the group has once again written to the Attorney-General's Office, reminding it of its obligation to the state.
Below is a copy of the letter:
The Auditor-General
Office of the Auditor-General
Ministry Block ‘O’
P. O. Box M 96
Accra (GA-110-8787)
Dear Sir,
Re: DEMAND TO ISSUE DISALLOWANCES AND SURCHARGES
This is a letter to remind you of our earlier letter dated 9 September 2021 on the above subject matter, demanding that you forthwith issue disallowances and surcharges to all persons so-identified as having been either engaged in or responsible for the illegal use of government funds in your 2019 and 2020 Audit reports (copy of stamped receipt attached).
Unfortunately, we have not received any response from your office on this matter. If you have already taken action, please ignore this letter. But if you have not yet taken action, please do so immediately.
However, if we are not assured of any action being taken by your office on this action within the next seven (7) days, we will proceed with legal action including sending a petition to the Right To Information (RTI) Commission for you to provide information to us on your compliance or otherwise with the mandatory provisions of the Constitution and its demand that you disallow and surcharge the relevant persons with (i) any illegal expenditures, (ii) amounts not duly brought into account, and (iii) the amounts of all losses or deficiencies arising from negligence or misconduct.
Counting on your co-operation on this matter.
Yours in the service of God and Country
OccupyGhana®
CC.
The Executive Secretary
Right To Information Commission
Accra
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