“Secrecy, being an instrument of conspiracy, ought never to be the system of a regular government.” – Jeremy Bentham

For decades, Ghanaian citizens, journalists, and civil society organizations have tirelessly advocated for a law guaranteeing the right to access public information. This struggle was not merely about transparency but also about strengthening democracy, holding public officials accountable, and ensuring that governance serves the interests of the people. The passage of the Right to Information (RTI) Act in 2019 marked a significant legislative milestone, representing a victory for every Ghanaian who believes in open governance and participatory democracy. However, the journey to achieving this feat was lengthy, fraught with challenges, resistance, and persistent advocacy.

The Importance of the Right to Information

The right to access information is a cornerstone of democracy, transparency, and accountability. Ghana’s journey toward enacting the RTI law was long and arduous, spanning decades of advocacy, legislative revisions, and political deliberations. The passage of the RTI law in 2019 reinforced citizens’ rights to access public information, signifying a major step in Ghana’s governance reforms. Ghana’s commitment to enacting RTI legislation is deeply rooted in its adherence to international and regional frameworks emphasizing transparency and access to information. The Universal Declaration of Human Rights (1948) and Article 19 of the International Covenant on Civil and Political Rights recognize access to information as a fundamental right. Additionally, Article 9 of the African Union Convention on Preventing and Combating Corruption, which Ghana signed in October 2003, mandates state parties to adopt legislation ensuring public access to information, a crucial step in combating corruption.

The 1992 Constitution of Ghana guarantees freedom of information under Article 21(1)(f), which affirms that every individual has the right to access information, subject to necessary qualifications in a democratic society. Despite this constitutional provision, the operationalization of this right required an act of parliament, a process that took decades to materialize.

Political and Bureaucratic Hurdles

Despite civil society pressure, Ghana’s parliament repeatedly delayed passing the RTI Bill. Under President John Agyekum Kufuor’s administration (2001-2009), various drafts of the RTI Bill were developed in 2002, 2003, 2005, and 2007, but none were laid before parliament. In 2010, under President John Evans Atta Mills, the RTI Bill was finally introduced to parliament after a massive public march in Accra organized by the RTI Coalition. However, bureaucratic delays stalled progress, and it was not until 2013, under President John Dramani Mahama, that the bill was reintroduced and debated extensively. Speaker of the 8th and 9th Parliament, Rt. Hon S. K Alban Bagbin, then Chairman of the Constitutional, Legal, and Parliamentary Affairs Committee, spearheaded crucial reviews and amendments. Despite these efforts, the bill did not pass before the end of the Sixth Parliament in 2016.

When President Nana Akufo-Addo assumed office in 2017, he assured Ghanaians that the RTI Bill would be prioritized. On March 6, 2018, during Ghana’s 61st Independence Anniversary, he reaffirmed this commitment, promising that the bill would be passed within that parliamentary session. This promise reignited civil society activism, with a coordinated social media campaign counting down the days until the bill was laid before parliament.

Legislative Efforts, Civil Society Advocacy and Delays

Successive governments struggled to pass an RTI law, with various drafts and consultations spanning nearly two decades. Between 1999 and 2018, four separate RTI draft legislations were developed but failed to pass through parliament. The long wait finally ended on March 26, 2019, when Ghana’s Seventh Parliament of the Fourth Republic passed the Right to Information Bill into law, later signed by President Nana Akufo-Addo in a live televised ceremony in May that same year. The act provides for the implementation of the constitutional right to information held by public institutions, fostering a culture of transparency and accountability in governance.

The road to the RTI law was paved by relentless civil society advocacy. Early campaigns in the 1990s underscored the importance of RTI for journalism and governance. Renowned Ghanaian journalist Aboagye Da Rocha, in a 1995 feature, emphasized the necessity of a freedom of information law to enhance media practice.

The Institute of Economic Affairs (IEA) played a pioneering role by publishing a draft RTI Bill in 1999. By 2003, the RTI Coalition, a consortium of civil society organizations, took over the advocacy, leading public awareness campaigns, lobbying parliament, and engaging policymakers at regional and district levels. Under the leadership of activists such as Nana Oye Lithur, the coalition significantly influenced the eventual passage of the RTI law.

The Road Ahead

The passage of Ghana’s Right to Information Act is a tribute to the power of persistent advocacy and democratic engagement. While the struggle spanned decades, the final victory was a shared achievement of civil society, parliamentarians, and committed individuals who fought for transparency and accountability. The challenge now is to ensure that the law is not just a symbolic gesture but a functional tool for enhancing governance and promoting citizens’ rights. As former President of the Republic of Ghana, Akufo-Addo aptly stated during the signing of the law: “This is a significant milestone for Ghanaian democracy. However, the real work begins now.” Indeed, the journey towards full transparency and accountability continues.