An Anti-Corruption Civil Society Group, Crusaders Against Corruption Ghana (CACG) has petitioned the Speaker of Parliament, Alban Bagbin to as a matter of urgency, pass a vote of censure on Roads and Highways Minister, Kwasi Amoako-Atta.

The Group in addition, wants the Speaker to direct the Attorney-General to invoke Article 187, Clause 7 of the 1992 Constitution to surcharge Kwasi Amoako-Atta.

The demands of the Group are in relation to the abolishment of road tolls by the Roads and Highways Minister in November last year.

According to Crusaders Against Corruption Ghana, the cancelation of road tolls by Mr. Amoako-Atta prior to the approval of the 2022 Budget is, unconstitutional.

“Mr. Speaker, the 1992 Constitution of Ghana has provided for how laws are enacted and otherwise, including the body that is mandated to enforce these laws. For avoidance of doubt, reference is made to Article 93 (2) of the aforementioned constitution which states “Subject to the provisions of this Constitution, the legislative power of Ghana shall be vested in Parliament and shall be exercised in accordance with this Constitution”, portions of the petition read.

The Group is also of the view that the suspension of the road tolls even before Parliament approved the Budget caused financial loss to the state since the state lost over GH₵20m due to the Minister’s directive.

“Mr. Speaker, Ghana’s Minister for Finance, Mr. Ken Ofori –Atta indicated that the country would lose GH¢78 million should the road toll be abolished. This figure translates to the country losing GH¢209,677.00 each day as a result of the road tolls not being collected. This means that from November 18, 2021 to 9^th March 2022 being the day of submitting this petition, Ghana, has lost a total of GH¢23, 483, 824.00 (Twenty Three Million, Four Hundred and Eighty-Three Thousand, Eight Hundred and Twenty Four Ghana Cedis), through the unconstitutional and illegal act of Mr. Amoako-Atta,” the Group said in its petition.

Background

The Finance Minister while reading the 2022 Budget on the floor of Parliament on November 17, 2021 disclosed that government will zero-rate tolls on all public roads and bridges immediately after the 2022 Budget is approved.

But the Roads and Highways Minister barely 24 hours after the Finance Minister announced the government’s intention, ordered the cessation of collection road tolls at all public roads and bridges.

His decision was criticised by many Ghanaians including some Members of Parliament who said his act was a contravention of the constitution.

The Speaker of Parliament Alban Bagbin subsequently directed the Minister to with immediate effect, withdraw his statement announcing the cessation of collection road tolls.

According to the Speaker, the Roads Minister lacks the legal mandate to implement a policy proposal when it has not been approved and passed by Parliament.

“It is a proposal they are presenting to us to approve to take effect January, 2022. And so until this budget is approved, all that is contained in the budget are proposals. We have the authority to approve.

“They have been given the authority pursuant to Article 179 to prepare and lay before the House. So those are policy proposals that the Minister has presented to the House. Until they are approved, nobody has the authority to start implementing something that doesn’t exist. That amounts to a disrespect of the House.”