The group OccupyGhana has requested the Secretary to the Cabinet, Office of the President, Jubilee House
Accra, to remove marking of ‘confidential’ and ‘secret’ embossed on correspondence the latter sent it.
In a letter to the Secretary to Cabinet yesterday with reference number OG/2023/007 dated 20 February 2023, the group stated, “Unfortunately, the ‘trap’ of those markings means that if we disclose this momentous and disappointing decision to the public, we could, arguably, be charged with offenses under the State Secrets Act, 1962 (Act 101). Although we think any such prosecution would be wicked and would certainly fail, we do not want to go down that path. It is simply unthinkable and befuddling that Cabinet would take a decision to either approve or refuse approval of a Draft Bill that seeks to regulate the conduct of public officers, declaration of assets, etc, and which is already in the public domain, but would want its decision on the matter and the reasons for it to remain confidential and/or a state secret. We dare Cabinet to be bold and allow us to share your letter with Ghanaians, and not cower behind the State Secrets Act on a matter like this,” the group stated.
It was titled ‘RE: RIGHT TO INFORMATION REQUEST ON THE STATUS OF THE DRAFT CONDUCT OF PUBLIC OFFICERS BILL, 2022’.
(Below is the full letter).
Secretary to the Cabinet
Office of the President,
Jubilee House
Accra
20 February 2023
Dear Madam:
RE: RIGHT TO INFORMATION REQUEST ON THE STATUS OF THE DRAFT CONDUCT OF PUBLIC OFFICERS BILL, 2022
We have received your letter dated 14 February 2023 (your ref: OPCA.3/3/140223), responding to our inquiries on the above matter. You have finally communicated to us, six months after we first wrote to you, Cabinet’s decision on whether or not it would approve the above-mentioned Draft Memorandum and Bill for submission to Parliament. For the communication of such a momentous decision by the Executive, we are taken aback that your two-page final response to our Right to Information Request is boldly stamped ‘CONFIDENTIAL’ on the first page and marked ‘SECRET’ on the second page.
Our request to you in the exercise of our constitutional right to information was not confidential. We were certainly not seeking information that constituted a state secret. We just wanted to know the status of the Draft Bill, since we knew it had been submitted with a Memorandum for Cabinet’s approval. Cabinet’s decision, which would mean the Executive will or will not forward it to Parliament for debate and enactment into law, is not a matter that is confidential or a state secret.
Unfortunately, the ‘trap’ of those markings means that if we disclose this momentous and disappointing decision to the public, we could, arguably, be charged with offenses under the State Secrets Act, 1962 (Act 101). Although we think any such prosecution would be wicked and would certainly fail, we do not want to go down that path. It is simply unthinkable and befuddling that Cabinet would take a decision to either approve or refuse approval of a Draft Bill that seeks to regulate the conduct of public officers, declaration of assets, etc, and which is already in the public domain, but would want its decision on the matter and the reasons for it to remain confidential and/or a state secret. We dare Cabinet to be bold and allow us to share your letter with Ghanaians, and not cower behind the State Secrets Act on a matter like this.
We, therefore, invite you to communicate to us in writing, your withdrawal of those markings, so that we may inform the people of Ghana of the Government’s interest or otherwise in working to ensure that the Draft Bill becomes law that will regulate the conduct of public officers, for the several reasons you state in that letter.
Kindly respond at your earliest convenience.
We will follow your lead and send copies of this letter to all the persons you copied your letter to. But we will also copy all press houses because our letters to you are neither confidential nor a state secret.
Yours in the service of God and Ghana
OccupyGhana
cc. Chief of Staff
Office of the President
Jubilee House
Accra
Secretary to the President
Office of the President
Jubilee House
Accra
Attorney-General & Minister for Justice
Office of the Attorney-General & Minister for Justice
Accra
Minister for Information
Ministry of Information
Accra
Press Houses
