RTI Commission slaps SSNIT with GH¢200,000 fine for non-compliance

In a hard rebuke of obvious non-compliance and mismanagement, the Social Security and National Insurance Trust (SSNIT) has been slammed with a hefty GH¢200,000 administrative penalty by the Right to Information Commission.

The penalty is a direct consequence of the actions, or rather inactions, of the outgone Director-General, Kofi Bosompem Osafo-Marfo, whose disregard to duty has not only tarnished the institution’s image but also potentially jeopardized the hard-earned contributions of countless Ghanaian workers.

The ruling, handed down after a comprehensive review of an application filed by investigative journalist Innocent Samuel Appiah, is a scathing indictment of Osafo-Marfo’s leadership and a stark reminder of the consequences of disregarding the principles of transparency and accountability enshrined in the Right to Information Act, 2019 (Act 989).

A chronology of defiance

The saga began on November 14, 2024, when the journalist petitioned the RTI Commission to review SSNIT’s apparent refusal to grant him access to information he had requested on multiple occasions – August 2, August 8, August 16, August 26, and September 10, 2024, to be precise.

His requests, which centered around an alleged unlawful staff member at SSNIT, compensation packages of his predecessor and his deputy, some allegations concerning his predecessor that surfaced on social media, among others, were met with a deafening silence, prompting the reporter to file an internal review application on October 25, 2024. However, in a stunning display of contempt for due process, SSNIT, under Osafo-Marfo’s leadership, failed and neglected to respond to this application as well.

Undeterred, the Commission stepped in, requesting an explanation from SSNIT for its failure to comply with Appiah’s requests. This letter, dated November 2, 2024 was met with the same wall of silence that had characterized SSNIT’s conduct throughout this saga.

The ruling

In its landmark ruling, the Commission methodically dissected Appiah’s requests, concluding that the information sought did not fall within the exemptions under Act 989. The Commission’s analysis was thorough and unequivocal, finding no grounds to deny these requests on the basis of frivolity or vexation.

Addressing the specific requests, the Commission ruled that while certain information pertaining to the travel details and movements of an alleged unlawful staff member could be considered exempt due to potential safety risks, the bulk of the requests, including details on compensation packages for a class of public officers, did not meet the threshold for exemption.

The Commission’s ruling was a resounding affirmation of the principles enshrined in Act 989, which seeks to promote transparency and accountability within public institutions while protecting legitimate privacy concerns.

A harsh penalty

However, it was SSNIT’s blatant disregard for the law and its failure to respond to the journalist’s requests, as well as the Commission’s subsequent inquiries, that drew the harshest criticism and the imposition of the unprecedented GH¢200,000 fine.

The Commission’s ruling was unequivocal in its condemnation of Osafo-Marfo’s leadership, stating that the respondent’s “posture of non-compliance with the provisions of Act 989, particularly its unresponsiveness to the applicant’s request applications and the letter from the Commission,” was a clear dereliction of duty.

The law is clear: public institutions have a responsibility to respond to applications within 14 days, regardless of whether the information can be disclosed or not. SSNIT’s failure to adhere to this fundamental obligation has now resulted in a harsh financial penalty, one that could have been avoided had Osafo-Marfo and his team demonstrated a modicum of respect for the rule of law and the principles of good governance.

A blow to workers

The implications of this ruling extend far beyond the financial penalty itself. By mismanaging the Trust’s response to legitimate requests for information, Osafo-Marfo did not only undermine public confidence in SSNIT but has also potentially put at risk the very contributions that countless Ghanaian workers have entrusted to the institution.

The GH¢200,000 fine, which must be paid within 14 days of receiving the Commission’s letter, will ultimately be drawn from the funds that should have been safeguarded for the benefit of SSNIT’s members. This represents a direct financial loss to the Trust, one that could have been avoided had Osafo-Marfo prioritized transparency and accountability over obfuscation and non-compliance.

Additionally, the ruling stipulates that failure to pay the fine within the prescribed period will result in an additional default penalty of 10 percent on the principal sum for every subsequent 14-day period of non-compliance. This escalating penalty structure underscores the gravity of SSNIT’s transgressions and the Commission’s determination to hold the Trust accountable for its actions – or lack thereof.

A call for reform and accountability

As the dust settles on this landmark ruling, the spotlight now turns to the broader issue of governance and leadership within public institutions. The actions of Osafo-Marfo and his team have not only tarnished SSNIT’s reputation but have also served as a stark reminder of the consequences of ignoring the principles of transparency and accountability enshrined in Act 989.

Civil society organizations and governance experts have been quick to condemn SSNIT’s conduct, calling for sweeping reforms and the implementation of robust oversight mechanisms to prevent such egregious mismanagement from occurring in the future.

“The actions of SSNIT and its leadership under Osafo-Marfo are a betrayal of the public trust,” stated Professor Kwame Agyeman, a renowned expert in corporate governance. “Public institutions like SSNIT are custodians of the hard-earned contributions of Ghanaian workers, and their mismanagement not only erodes public confidence but also puts those very contributions at risk.”

As SSNIT prepares to usher in a new era of leadership, the lessons of this saga must not be forgotten. Transparency, accountability, and a steadfast commitment to the rule of law must be the cornerstones upon which the Trust rebuilds its reputation and restores the faith of the Ghanaian public.

Only through a concerted effort to uphold the highest standards of governance and a zero-tolerance policy for non-compliance can SSNIT hope to regain the trust of the very workers whose futures it was entrusted to safeguard.

By Peter Quarshie

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