The Member of Parliament (MP) for Ashaiman Ernest Norgbey is threatening to go to court to get his request for information from the Electoral Commission (EC) granted.
Mr. Norgbey had written to the EC to demand information on how the Commission contracted the services of Dr. Ofori-Adjei, IT Consultant and Mr. A. Akrofi, Procurement Consultant; and whether the said procurement was done in accordance with Part 6 of the Public Procurement Act.
The EC however through its lawyers denied the request arguing that the fees and charges applicable for the said information is yet to be determined in accordance with law.
But Mr. Norgbey who belives the EC’s explanation is “bogus” and “untenable” says his fight remains unabated and will use the law court to seek a proper interpretation of the relevant laws pertaining to the issue.
“It just shows clearly that the EC wants to hide behind some technicalities and perpetuate the illegality. We are still going to write to them and draw their attention to section 28 of the Public Procurement Act that allows any citizen to go to any entity to request for any information. From there, we will head to court to subpoena them to make sure that the court orders them to provide us with that information,” he said on Eyewitness News.
Mr. Norgbey had based his request in accordance with the Right to Information Law.
Per a letter dated 3rd February 2020, written by Mr. Norgbey’s lawyer, Martin Kpebu and addressed to the Chairperson of the Electoral Commission, the lawmaker requested in hard copy form or on a flash drive, the record of the proceedings for the said procurement.
But the EC responding to the MP through its lawyers, Amenuvor, and Associates acknowledged receipt of the MP’s request as stated in the Act.
“Our client acknowledges your clients right under both the constitution and the Right to Information, 2019 (Act 989) as you rightly stated.”
The commission further made known reasons why the request could not be granted at this point by drawing the attention of the MP to Section 75(1) of Act 989.
“An applicant seeking to access information under this Act shall pay the fee or charge approved by Parliament in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2009 (Act 793).”
“As ready and willing as our client is to provide the information requested by your client, it is not immediately able to do so because the fees and charges applicable are yet to be determined in accordance with law,” the EC’s lawyers explained.