President releases GRA-SML report - The Daily Statesman Newspaper

President Nana Addo Dankwa Akufo-Addo has ordered the release of a KPMG audit report examining transactions between the Ghana Revenue Authority (GRA) and Strategic Mobilization Ghana Ltd (SML).

This decision comes amid growing public interest and calls for greater accountability in government operations.

A statement released yesterday by the Director of Communications, Office of the President, Eugene Arhin, said, “The President, in the interest of full transparency in governance, openness, and honesty with the public, has decided to waive the privilege under section 5 of the RTI Act and has directed the publication of the KPMG report in full.”

Accessibility

The statement announced that a copy of the KPMG report could be accessed from the website of the Presidency – www.presidency.gov.gh.

“On 24th April 2024, the President of the Republic, Nana Addo Dankwa Akufo-Addo, received a request from the Media Foundation for West Africa (MFWA), under section 18 of the Right to Information Act, 2019 (Act 989) (RTI Act), for a copy of the KPMG report on the contracts and transactions between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Limited (SML),” the statement said.

It explained that the President had commissioned KPMG, on December 29, 2023, to undertake an inquiry to gain a clear understanding of the matters in controversy and to be properly advised in taking the necessary decisions.

“Bearing in mind the provisions of the RTI Act, particularly section 5 (1) (a) and (b) (i) of the Act, the President denied the request by MFWA since the KPMG report constitutes matters exempt under section 5 of the RTI Act.

“Section 5 (1) (a) and (b) (i) of the RTI Act states that ‘information is exempt from disclosure where the information is prepared for submission or has been submitted to the President or Vice President for consideration or contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes, or consultation made or given to the President or Vice President and is likely to undermine the deliberative process on the part of the President or Vice President’,” it noted.

Judicial pronouncement

Additionally, the statement said there had been a judicial pronouncement, in a case involving the Media Foundation for West Africa, that a request which falls within the categories of information exempt under the RTI Act can be lawfully declined.

“The KPMG report comprises opinions, advice, deliberations, and recommendations that are integral to the President’s deliberative process and, therefore, qualifies as exempt information under section 5 (1) (a) and (b) (i) of the RTI Act. Thus, the Office of the President was justified in turning down the request from MFWA for a copy of the KPMG report,” the statement noted.

The statement stressed that, even before the request from MFWA, the President had, on April 24, 2024, caused to be published a detailed press statement outlining KPMG’s findings and recommendations, as well as his directives to the Ministry of Finance and GRA.

“The Office of the President reiterates the necessity for those who file applications and requests under the RTI Act to have a thorough understanding of its provisions. It is vital to appreciate that the legal framework for access to information includes safeguards intended to protect the sanctity of decision-making at the highest levels of government, which must not be compromised or misused in the pursuit of access to information,” it indicated.

Key actions

Portions of the full KPMG report, handed over to the Presidency on March 27, 2024, led to an initial summary being released on April 24, 2024, following the President’s directive. The summary included several key actions on ending the upstream petroleum and minerals audit services with SML.

Additionally, the report also instructed the Ministry of Finance and GRA to conduct thorough technical and value-for-money assessments, along with stakeholder engagements, before implementing any audit services for upstream petroleum and minerals.

It also sought to consider the termination of transaction audit and external price verification services, as KPMG found GRA’s new external price verification tools in ICUMS made SML’s services redundant.

The report called for reviewing the fee structure for SML’s downstream petroleum audit services. It also stressed the need for ensuring that SML’s performance in any renegotiated contracts was closely monitored and evaluated.