National Cathedral Payments Approved By Parliament – AG

Dr. Dominic Ayine

 

The Attorney General (AG), Dr. Dominic Ayine, has clarified that all payments towards the National Cathedral were made lawfully, contrary to a writ at the Supreme Court challenging the constitutionality of the payments.

According to the Attorney General, the payments were made under the Contingency Vote which is categorised under ‘Other Government Obligations’ and not from the Contingency Fund as alleged by the plaintiff to the Supreme Court suit.

This is contained in the Attorney General’s statement of defence to a suit filed by a private citizen, Jonathan Amable, challenging the payments, and is seeking multiple declarations against government over what he describes as unconstitutional financial practices.

It would be recalled that payment for the National Cathedral was heavily criticised by then opposition National Democratic Congress (NDC), leading to former Minister of Finance, Ken Ofori-Atta being hauled before Parliament to justify the payments.

Mr. Ofori-Atta, during his appearance before Parliament, denied any wrongdoing while maintaining the National Cathedral project was financed through money allocated to the Contingency Vote under previously approved budgets and Appropriation Acts.

But Amable is challenging this assertion as well as the constitutionality of the $10 billion COVID-19 Relief Bond transaction between the Ministry of Finance and the Bank of Ghana (BoG).

Amable contends that the transaction, which formed part of the BoG’s asset purchase programme, violated Article 181(4) of the Constitution, which governs public borrowing.

He argues that Article 179(2) of the 1992 Constitution requires the government to submit to Parliament, estimates for all its planned expenditure, and these planned expenditures must be duly classified in the relevant appropriation bills under related programmes and activities, for full transparency on what these funds are to be used for.

He is therefore, seeking among others, a declaration that the financing of the construction of the National Cathedral from the Consolidated Fund, without the prior approval of the Speaker of Parliament and the Chairperson of the Council of State, contravenes Article 179(11) of the 1992 Constitution.

He is also is seeking an order for the return of all monies allegedly withdrawn unconstitutionally for the project.

The Attorney General, in his response to the writ, defended the explanation of the former minister, arguing that the finances for the construction of the National Cathedral were approved by Parliament through the various budgets presented by the minister from 2018 to 2021.

Dr. Ayine further argues that there is nothing wrong with the provision quoted by the plaintiff, arguing that they are lawful and consistent with the constitution.

Touching on the COVID-19 Relief Bond, the Attorney General’s defence avers that the transaction between the Ministry of Finance and the Bank of Ghana was within the lawful scope of fiscal management measures adopted during the pandemic.

 

BY Gibril Abdul Razak

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