The Right to Information (RTI) Commission has imposed a fine of GH¢200,000 on Ghana Airport Company Limited (GACL) for its failure to adhere to instructions regarding the release of information.This decision by the Commission was prompted by a communication dated September 7, 2023, from GACL's Managing Director, Mrs. Pamela Djamson-Tettey.

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In her letter, she had sought a one-week extension to gather and provide information to Raymond Acquah, JoyNews' Head of Research, as directed by the Commission.In a letter dated September 20, 2023, bearing reference number RTIG/RF/voL4/856, the Commission expressed its dissatisfaction with GACL's delay in furnishing the requested information.

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It should be noted that the Commission had previously issued directives on February 3, 2023, and February 16, 2023, outlining the required format for the information's submission and emphasizing that the information was already accessible.While acknowledging the importance of fairness, the Commission did grant GACL a one-week extension in response to their request.

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However, the Commission firmly rejected GACL's plea for the waiver of the administrative penalty amounting to ¢200,000, which had been imposed by the Commission in a letter dated August 23, 2023.The Commission justified its stance by underscoring the lack of cooperation demonstrated by GACL in adhering to their earlier directives.

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This was perceived as a deliberate effort to obstruct the implementation of the Right to Information Act, 2019 (Act 989), which empowers the Commission to impose administrative penalties on entities that fail to fulfill their obligations under the Act.

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In a letter signed by Executive Secretary Yaw Sarpong Boateng, the Commission clarified that it lacked the authority to waive the already imposed ¢200,000 penalty and advised GACL to make the payment as per the Commission's directive.The controversy emerged when JoyNews requested access to the contract between GACL and Frontiers Healthcare Services, the entity responsible for COVID-19 testing at the airport.

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GACL declined to disclose this information, citing Section 10 of the Right to Information Act, 2019 (Act 989), which allows for exemptions under specific conditions.GACL's argument rested on the claim that the contract contained exempted information, such as trade secrets and financial data with potential monetary value.

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They contended that disclosing this data could harm the state's financial interests, disrupt business and trade, and potentially provide a competitive advantage or disadvantage to specific individuals by offering advanced knowledge of future economic measures.Furthermore, GACL stated that some contract-related information and revenue details from testing were not within their possession.

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JoyNews challenged this stance, asserting that the requested information did not fall within the broad exemptions outlined in Section 10 of the RTI law.The Right to Information Commission intervened and, following a comprehensive review, conveyed its decision to GACL through a letter dated February 3, 2023.

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The Commission's findings contradicted GACL's position, emphasizing that the contract had already been executed and did not hold any monetary or potential monetary value for the state.Additionally, the Commission determined that disclosing the requested information would not compromise the financial interests of the state.

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As a result, the Commission issued a directive to GACL, mandating the release of not only the Frontiers contract but also a summary of procurement details related to the transaction between GACL and Frontiers Healthcare Services Ltd, excluding tax information and evaluative processes.

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Furthermore, GACL was instructed to furnish information regarding the total revenue generated from Covid-19 testing at the airport since the commencement of the agreement with Frontiers, including the amounts earned by Frontiers Health Services and the government from these operations.

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