President declines request for full KPMG report on SML/GRA contract
The Office of the President has declined a request from the Media Foundation for West Africa (MFWA) to disclose the full KPMG report on the revenue assurance contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Limited (SML).
The MFWA, in a letter dated April 24, 2024, made the request for the complete audit report pursuant to section 18 of the Right to Information Act, 2019 (Act 989) (“RTI Act”).
However, the office of the president, in a statement released on Wednesday, stated that the request cannot be granted, citing sections of the RTI to justify its action.
“Upon careful consideration and in accordance with section 5 (1) (a) and (b) (i) of the RTI Act, I regret to inform you that your request has been refused. Section 5 (1) (a) and (b) (i) states that information prepared for or submitted to the President or Vice President containing opinions, advice, deliberations, recommendations, minutes, or consultations, is exempt from disclosure and that disclosure of such information would compromise the integrity of the deliberative process by revealing the thought process, considerations, and influence on decision-making reserved for the highest offices of the land.”
The Office of the President explained that the full KPMG Audit Report comprises opinions, advice, deliberations, and recommendations that are integral to the President’s deliberative process and thus qualify as exempt information under section 5 (1) (a) and (b) (i).
The statement further noted that the President, fully aware of the public interest in the GRA-SML contract, published the principal findings and recommendations of the report in a detailed press statement issued on 24th April, 2024.
This, according to the Presidency, strikes a fine balance in keeping the public informed on the matter while respecting the statutory restrictions on the specific closure of the matter.
In response to an audit conducted by KPMG regarding the revenue assurance contract between the Ghana Revenue Authority and Strategic Mobilization Ghana Ltd, the President directed that the upstream petroleum audit and minerals audit services by the latter may be terminated.
The President also directed that the transaction audit and external price verification services offered by SML may also be terminated because the GRA obtained only partial value or benefit from these services, partly due to a lack of monitoring.
Subsequently, the Ghana Revenue Authority, in compliance with the President’s directive, terminated the Transaction Audit and External Verification Service Contract (AEVS) with SML.
The GRA further directed that the Upstream Petroleum and Minerals Revenue Audit portions of the contract be suspended pending further review of the contract details.
The GRA also amended the Measurement Audit for the Downstream Petroleum Products Contract by revising the fee structure to a fixed fee structure.
The Authority also says it will thoroughly review other provisions such as service delivery expectations, termination, and intellectual property rights.
