A-G hands Smarttys bus branding documents to OccupyGhana; withholds one

The Minister of Justice and Attorney-General (A-G), Mrs. Marietta Brew Appiah-Oppong has released all but one document regarding the controversial Metro Mass branding contract between the government and Smarttys Management and Productions to pressure group OccupyGhana Movement.

According to officials of the group, the report the A-G delivered to the Chief of Staff after her initial investigations to uncover the underhand dealing was not handed to them on the ground that it is “confidential and privileged”.

On April 13 the Human Rights Court gave its ruling in a controversial case brought by some members of OccupyGhana asking for full disclosure of government’s contract with Smarttys Production over the 116 branded Metro Mass buses to them.

A revelation that the rebranding of 116 buses cost the country the sum of 3.6 million cedis caused public outrage compelling the government to retrieve 1.5 million cedis from the Ghanaian company which executed the contract, Smarttys Management and Productions Limited.

Delivering his ruling, Justice Anthony Yeboah ordered the A-G, who was one of the respondents, to give all the documents on the bus branding except documents regarding trade secrets, and national defence to the group.

In accordance with the ruling, the A-G in an affidavit dated April 26, filed on 28th April 2016 and sworn to by the Director of Research at the Ministry of Transport, Lawrence Kumi, gave her word to release the documents to the group.

A statement signed by OccupyGhana said true to the Mrs. Appiah-Oppong's word, she has delivered the documents but withheld one from the group.

“We have delivered these documents to our legal and audit teams for their review and advice”, the statement further said.

Read full statement below:

8th MAY, 2016

OCCUPYGHANA® PRESS STATEMENT

OCCUPYGHANA® RECEIVES M.M.T. BUS BRANDING DOCUMENTS FROM ATTORNEY-GENERAL

OccupyGhana® is pleased to announce that it has received from the Honourable Attorney-General and the Ministry of Transport, 22 documents covering the Smarttys Transaction ("Transaction.")

It would be recalled that by a letter dated 1st February, 2016, OccupyGhana® requested from the Honourable Attorney-General, documents covering the Transaction. However, by a letter dated 3rd February, 2016, the Honourable Attorney-General declined to provide us with the documents on the ground that there was a pending legal action with respect to the same matter.

Not satisfied with this response, OccupyGhana® issued a Press Statement dated 7th February, 2016, in which it announced its intention to seek legal redress against the Honourable Attorney-General. On 18th February, 2016, OccupyGhana® commenced legal action against the Honourable Attorney-General, in the exercise of our right to information under article 21 of the Constitution.

In the meantime, the other action to which the Honourable Attorney-General referred, as the basis of her refusal to give the documents to us, was heard and determined by the High Court against the Attorney-General. While we waited for our action to be heard, we received word from the Honourable Attorney-General that she would make the documents available to us. True to her word, by an Affidavit dated 26th April 2016, filed on 28th April 2016 and sworn to by one Lawrence Kumi, Director of Research at the Ministry of Transport, the Honourable Attorney-General has delivered to us, documents relating to the Transaction, except one. The Honourable Attorney-General refuses to give to us, the report that she delivered to the Chief of Staff after her investigations on the ground that she considered that as confidential and privileged.

We have delivered these documents to our legal and audit teams for their review and advice. We will keep Ghanaians appraised and updated with the findings of our legal and audit teams, and as we have promised, should we find that any laws were broken or anything was done that was illegal, wrong or untoward, OccupyGhana will pursue the matter to its logical and legal conclusions.

Yours in the service of occupying hearts and minds for God and Country

OccupyGhana

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