2023 Right to Information Manual

This Right to Information (RTI) Manual of the Office of the Attorney-General and Ministry of Justice is pursuant to Section 3(1) of the RTI Act, (Act 989).

“A public institution shall, within twelve months from the date of the coming into force of this Act, and every twelve months after that date, compile and publish an up-to date information in the form of a manual”.

The Act gives substance to the constitutional right to information provided under Article 21 (1) (f) of the 1992 Constitution.

“All persons shall have the right to information, subject to such qualifications and laws as are necessary in a democratic society”

In accordance with Section 80 of the RTI Act, (Act 989), “this Act applies to information which came into existence before, or come into existence after, the commencement of this Act”.

1.1 Purpose of the Manual – To inform/assist the public on the Departments and Agencies under the Office of the Attorney-General and Ministry of Justice (OAG-MOJ), organizational structure, responsibilities and activities of the Office of the Attorney-General and Ministry of Justice (OAG-MoJ) and provide the types of information and classes of information available at (OAG-MoJ), including the location and contact details of its Information Officers and Units.

2.0 Directorates and Agencies under the Office of the Attorney-General and the Ministry of Justice (OAG-MoJ)

This section describes the Ministry’s vision and mission and lists the names of all Directorates and Departments under the Ministry, including the description of organizational structure, responsibilities, details of activities and classes and types of information accessible at a fee.

2.1 Vision

To provide an efficient and accessible system of justice, exhibiting highest standards of professionalism and engendering a high degree of public trust and confidence.

2.2 Mission

To provide a legal and policy framework within which legal services are efficiently and effectively delivered to ensure justice for all.

2.3 Organizational Arrangements

The structural arrangement for the Ministry is as follows

Line Directorates (Civil Service)

Policy Planning, Budgeting, Monitoring and Evaluation (PPBME)

Finance and Administration (F&A)

Human Resource Management and Development (HRMD)

Research, Statistics and Management Information System (RSIMS)

Technical Directorate (Office of the Attorney-General)

Legislative Drafting Division

Prosecution Division

Civil Division

Units

Internal Audit

Pubic Relation

2.4 Directorates in the Office of the Attorney-General and Ministry of Justice (OAG-MoJ)

· General Administration

· Research, Statistics Management Information System (RSMIS)

· Human Resource Management and Development (HRM&D)

· Policy Planning, Budget, Monitoring and Evaluation (PPME)

2.5 Responsibilities of the Institution:

The Mandate of the Attorney-General as provided for under article 88 of the Constitution,

(article 88, and section 1-6) are:

· To provide legal advice to the Government.

· The initiation and conduct of all prosecutions of criminal offences.

· The initiation and conduct of all civil litigations, for and on behalf of the State and Have audience in all courts in Ghana.

· The Attorney-General is also responsible for drafting legislation and vetting of Subsidiary legislations of State Institutions.

The Ministry of Justice is responsible for the formulation of policies, supervision and

monitoring of the programmes of activities of the departments and agencies under the

Ministry and evaluate their performance and to ensure equality of access to justice and

Treatment before the law for all.

The Office is also mandated to:

· Review agreements of MDAs

3.0 Description of Activities of each Directorate and Agencies

Directorates	Responsibilities/Activities
General Administration	Provides administrative, managerial, secretarial, logistical and maintenance services to ensure the attainment of organizational goals. It is also responsible for the day-to-day administration of the Ministry including store keeping, records management, transport, estate management and security and client services.
Research, Statistics and Information Management (RSMIS)	It creates and maintains a databank of information on the sector for policy formulation and decision-making through the collection and analysis of data, research and documentation.
Human Resource Development and Management (HRM&D)	· It is responsible for enhancing the Human Resource Management and Development policies, plans and programs to ensure that the sector has the right human resource capacity to implement and execute within the sector as well as its sub-sector agenda.
Policy Planning, Budget, Monitoring and Evaluation (PPME)	It is responsible for the development of comprehensive and sustainable legal policies, plans, programmes and resource flow to the sector in collaboration with relevant stakeholders. It is also responsible for the designing, budgeting and application of monitoring and evaluation systems for purposes of assessing the operational effectiveness of the Ministry, its implementing departments and agencies as well as the activities of other key stakeholders in meeting the sector’s short, medium and long-term objectives and targets.

3.1 Organogram of Office of the Attorney-General and Ministry of Justice

Client Service

Right to Information

Office of the Registrar of Companies

Law Reform Commission

Registrar General’s Dept.

General Legal Council

Council for Law Reporting

Legal Aid Commission

Econ. & Organized Crime Office

COPYRIGHT OFFICE

Office of the Attorney-General

MINISTER

DEPUTY MINISTER

Public Relations

Project Coordination

Procurement & Supplies Mgt.

Internal Audit

CHIEF DIRECTOR

Ministerial Advisory Board

Policy Plg, Budget, Monitoring & Evaluation

Policy Planning

Devt. Planning

Monitoring & Evaluation

Budget & Resource Mob.

Research, Statistics & Information Mgt

Research and Statistic

Mgt. info. System

Documentation and Library

HUMAN RESOURCE DEV’T & MGT.

Manpower Planning & Strategy

Training & Devt.

Performance Mgt.

HR. Mgt. Database

ESTATES

Records

Personnel

Transport

Protocol

Reception

Accounts

Financial Analysis & Reporting

Treasury

GENERAL ADMINISTRATION

FINANCE

3.2 AGENCIES UNDER THE OFFICE OF THE ATTORNEY-GENERAL AND

MINISTRY OF JUSTICE (OAG-MoJ)

Agencies under the Office of the Attorney-General and Ministry of Justice (OAG-MoJ)

· Law Reform Commission

· General Legal Council (Ghana School of Law)

· Registrar-General’s Department

· Economic and Organized Crime Office

· Copyright Office

· Council for Law Reporting

· Legal Aid Commission

· Office of the Attorney-General

· Office of Registrar of Companies

LAW REFORM COMMISSION

Responsibilities of the Agency:

Details of Activities:

To consult widely and make practical recommendations for the development and modernization of the laws of Ghana, and to ensure that the laws are fair, and responsive at all times to the needs of the country. To make proposal for the revision and reform of laws towards national economic and social development.

a) Receive, consider and make proposals for the initiation and reform of any law in the country.

b) Prepare and submit through the Attorney – General and the Minister for Justice and proposals for the examination of different aspects of the law including recommendations for the codification and consolidation of legislation.

c) Make practical proposals for the development, simplification and modernization of the law.

d) Advice the Attorney-General and the Minister for Justice on polices for law reform.

e) Undertake the examination of particular areas of the law and formulate proposals for reform after appropriate research.

f) Provide advice and information to Ministries, Departments, Agencies and the private sector for the reform or amendment of a law.

g) Obtain information of the legal systems of other countries that may facilitate the performance of its functions.

h) Perform any other functions that are ancillary to the object of the Commission.

GENERAL LEGAL COUNCIL/ GHANA SCHOOL OF LAW

Responsibilities of the Agency:

Details of Activities:

The General Legal Council is the body that regulates the Legal Profession in Ghana

To ensure fair and efficient operation of legal education through improved human and institutional capacity.

a) Training of applicants to become professional lawyers.

b) Placing of law students on internship with Law Offices, Law Firms and the Courts to enable them gain practical experience and lawyering skills.

c) Provision of facilities to enable lawyer students to specialize in various areas of the law.

d) Provision of continuing legal education for professional lawyers and paralegals.

REGISTRAR-GENERAL’S DEPARTMENT

Responsibilities of the Agency:

To ensure efficient and effective administration of statutes relating to inter alia, Industrial Property Rights, Marriages, Administration of Estates, Public Trusts and to provide customer friendly services and accurate data for national planning and economic development for MDA’s and the General Public.

Details of Activities:

Administers statutes and registration of the following among others:

· Partnership Registration

· Estate Administration

· Intellectual Property

· Marriage Registration

ECONOMIC AND ORGANIZED CRIME OFFICE

Responsibilities of the Agency:

A specialized agency established to

Monitor and investigate and, on the authority of the Attorney-General prosecute any offences involving serious financial and economic loss to the state and make provision for incidental purpose

Details of Activities:

a. Investigate crimes and, on the authority of the Attorney-General prosecute serious offences that involve financial or economic loss to the Republic, State entity or institution in which the State has financial interest such as: money laundering, human trafficking, prohibited cyber activity, tax fraud and other serious offences

b. Recover the proceeds of crime

c. Monitor activities connected with the offences specified in paragraph a. above, to detect correlative offences.

d. Make reasonable measures necessary to prevent the commission of crimes specified in paragraph a. above and their correlative offences.

e. Disseminate information gathered in the course of investigation to law enforcement agencies, other appropriate public agencies and other persons the Office considers appropriate in connection with the offences in paragraph a.

f. Co-operate with relevant foreign or international agencies in furtherance of the activities above.

g. Perform any other function connected with the objects of the Office.

COPYRIGHT OFFICE

Responsibilities of the Agency:

Details of Activities:

Responsible for the implementation of copyright status and regulations. The agency undertakes registration of copyright works, mediation of copyright disputes, public education and enforcement of copyright.

a. Implements Copyright and Copyright related laws and regulations and provide for Copyright administration.

b. Investigates and redresses cases of infringement of Copyright and settle disputes where these disputes have not been reserved for settlement by the Copyright tribunal.

c. Responsible for the administration of external copyright relations.

d. Administers Copyright of which the state is owner.

e. Carries out other duties in relation to Copyright administration.

COUNCIL FOR LAW REPORTING

Responsibilities of the Agency:

The core business of the Council is the preparation and Publication of the Ghana Law Reports (GLR); the official Law Reports of Ghana containing selected judgments, rulings and opinions of the Superior Courts in Ghana.

Details of Activities:

· Publishes the Review of Ghana Law (RGL) containing well researched and learned articles, comments, and critiques of both the academic and practical aspects of the law.

· Examining the policy justification of legislation and some judgments of the courts subjecting them to critical analysis with a view to developing the law in the light of the changing social, economic and political life and conditions in Ghana.

LEGAL AID COMMSSION

Responsibilities of the Agency:

Its basic responsibility is to make Justice accessible to those who will otherwise be excluded.

Details of Activities:

· To provide legal assistance to any person for purposes of enforcing any provision of the Constitution and in connection with any proceedings relating to the Constitution if the person has reasonable grounds for taking or defending, prosecuting or being a party to the proceedings.

· To provide legal assistance to any person if he/she earns the Government minimum wage or less, and desires legal representation in any:

a. Criminal matter

b. Civil matters relating to landlords or tenant, insurance, inheritance with particular reference to the Intestate Succession law, 1985 (PNDC Law 42).

c. Maintenance of children and such other civil matters as may from time to time be prescribed by parliament

OFFICE OF THE ATTORNEY-GENERAL

Responsibilities of the Agency:

Acts as the principal legal adviser to the Government through its Civil, Drafting and Prosecution Divisions.

Details of Activities:

a. Represents the Government in all industrial and commercial negotiations including drafting, vetting of contracts and agreements involving Ministries, Departments and Agencies of government and give legal advice to Government in all matters.

b. Initiate and conduct criminal prosecutions on behalf of the State and act as principal legal adviser to the Government in the area of criminal law and criminal justice.

c. Processing and settlement of civil claims against the Government in Ministries, Departments and Agencies.

d. Drafting of legislation for the Government; as well as review, amendment and consolidation of laws as the case may be.

OFFICE OF THE REGISTRAR OF COMPANIES

Responsibilities of the Agency:

Details of Activities:

To ensure efficient and effective administration of statutes relating to registration of businesses such as private and public companies, Limited and Unlimited by shares, Private and Public Limited by Guarantee, including churches, schools, NGOs CSOs, Associations, Unions, external companies.

Administration status and registration of the following among others:

a) Companies registration

b) Business registration

It also registers professional bodies in the country under the professional bodies’ decree, 1973 (NRCD 143).

4.0 Classes and Types of information

List of various classes of information in the custody of the institution:

1. Legal Information

CIVIL

· Civil cases and

· Legal opinions on:

– Petitions

– Request for advice

– Contracts/ Agreements/ Memoranda of Understanding

PROSECUTION

· Reported Criminal Cases for & on behalf of the State

· Status of ongoing Criminal Cases for & on behalf of the State (Status only)

· Advice on Dockets from the Police (Confidential)

DRAFTING

· The Constitution

· Bills (that have been gazetted)

· Developing Subsidiary Legislation (EI, LI, CI)

· Acts of Parliament

· Legislative Instrument (LI), Executive Instrument (EI) & Constitutional Instrument (CI)

· Justice Sector Treaties and Conventions

· Cabinet Memoranda

· The Enactment Process

· The Treaty Manual

· Non-Confidential Reports

2. Human Resource Development & Management

· Recruitment

· Training/ Workshops

· Performance

· Staff List/ Classes/ Sex Distribution

· Promotion

· Deceased & Exited Staff

3. Policy Planning, Budget, Monitoring & Evaluation

· Budget Performance Report

· Monitoring & Evaluation Report

· Annual Progress Report

4. General Administration

· Procurement Report

· Audit Report

· Transport Report

· Estate Report

5. Research, Statistics Management & Information system

· Client Service Report

· Newsletters & Brochures of Ministry & its Agencies

· Right to Information

Types of Information Accessible at a fee:

The Act mandates Parliament under Section 75 of Act 989 to approve a fee that public institutions can charge.

The Parliament of Ghana is yet to approve fees and charges associated with the production of information accessible to the public.

5.0 Processing and Decision on Application – S. 23

Application made under s.18 is submitted to the Information Unit/ Registry of the Public Institution

The designated RTI Officer shall upon receipt of the application make a determination as to whether or not the application is one that safeguards the life or liberty of a person within the ambit of s. 23 (7)

Where the application does not fall within the ambit of s. 23 (7), the RTI Officer shall within 14 days of receiving the request, engage the relevant persons within the institution and the information generating directorate to confirm the availability of the information requested

Where an EXTENSION of time is needed, RTIO shall comply with S. 25.

IF NOT

Notice of the Decision shall be communicated to the Applicant by or on the 14^th working day from when the application was made.

The Decision shall where it confirms the availability of information state the manner in which access will be granted and whether or not access to the information shall be given in part and the reasons for giving only part. (s. 23(1)(2)(3).

Where the information requested shall be refused, the RTIO shall notify the applicant within 12 days of receiving the application communicating the refusal of the application and the reason for refusal (where it falls within the exempt category (s.5-16); s.23 (1-10); s.24; the RTIO shall state same as the reason too).

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6.0 Amendment of Personal Record

A person given access to information contained in records of a public institution may apply for an amendment of the information if the information represents the personal records of that person and in the person’s opinion, the information is incorrect, misleading, incomplete or out of date.

6.1 How to apply for an Amendment

The application should be in writing indicating;

Name and proof of identity.
Particulars that will enable the records of the public institution identify the applicant
The incorrect, misleading, incomplete or the out-of-date information in the record.
Signature of the applicant

For incomplete information claimed or out of date records, the application should be accompanied with the relevant information which the applicant considers necessary to complete the records.

The address to which a notice shall be sent should be indicated.

The application can then be submitted at the office of the public institution

7.0 Fees and Charges for Access to Information

The Act mandates Parliament in Section 75 to approve a fee that public institutions can charge. However, fees shall apply to only the three circumstances stated below:

Request for information in a language other than the language in which the information is held. (s.75) (3).

When request is made for a written transcript of the information, a reasonable transcription cost may be requested by the Information Officer. (s.75) (4).

Cost of media conversion or reformatting. (s.75) (5).

Under Section 75 (2), fees are not payable for:

reproduction of personal information
information in the public interest
information that should be provided within stipulated time under the Act
an applicant who is poor or has a disability
time spent by the information officer in reviewing the information
time spent by the information officer to examine and ensure the information is not exempt
preparing the information

Section 76 subjects the retention of charges received by a public institution to the Constitution. Thus, a public institution is authorized to retain charges received under the Act to be used only to defray expenses incurred by the public institution in the performance of functions under the Act and be paid into a bank account opened for the purpose with the approval of the Controller and Accountant-General.

8.0 Appendix A: Standard RTI Request Form

[Reference No.: ………………………….] APPLICATION FOR ACCESS TO INFORMATION UNDER THE RIGHT TO INFORMATION ACT, 2019 (ACT 989)
1.	Name of Applicant:
2.	Date:
3.	Public Institution:
4.	Date of Birth:	DD		MM	YYYY
5.	Type of Applicant:	Individual Organization/Institution
6.	TIN Number
7.	If Represented, Name of Representative:
7 (a).	Capacity of Representative:
8.	Type of Identification: National ID Card Passport Voter’s ID Driver’s License
8 (a).	Id. No.:
9.	Description of the Information being sought (specify the type and class of information including cover dates. Kindly fill multiple applications for multiple requests):
10.	Manner of Access:		Inspection of Information Copy of Information Viewing / Listen Written Transcript Translated (specify language)
10 (a).	Form of Access:		Hard copy Electronic copy Braille
11.	Contact Details:		Email Address__________________________________ Postal Address_________________________________ Tel: _________________________________________
12.	Applicant’s signature/thumbprint:
13.	Signature of Witness (where applicable) *“This request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request.”*

8.1 Appendix B: Contact Details of Office of the Attorney-General & Ministry of Justice’s Information Unit

LYDIA ATTOH

Name of Information/Designated Officer:

Telephone/Mobile number of Information Unit:

Email: Lydia.attoh@mojagd.gov.gh

Email:

Postal Address of the institution:

P.O. Box MB 60, Ministries, Accra.

8.2

Instructions: Provide a list of acronyms and associated literal translations used within the manual. List the acronyms in alphabetical order using the table below.

Table 1 Acronyms

Acronym	Literal Translation
MDA	Ministries, Departments and Agencies
MMDAs	Metropolitan, Municipal and District Assemblies
OAG-MoJ	Office of the Attorney-General & Ministry of Justice
RTI	Right to Information
s.	section

8.3 Appendix D: Glossary

This Glossary presents clear and concise definitions for terms used in this manual that may be unfamiliar to readers listed in alphabetical order. Definitions for terms are based on section 84 of the RTI Act.

Table 2 Glossary

Term	Definition
Access	Right to Information
Access to information	Right to obtain information from public institutions
Contact details	Information by which an applicant and an information officer may be contacted
Court	A court of competent jurisdiction
Designated officer	An officer designated for the purposes of the Act who perform similar role as the information officer
Exempt information	Information which falls within any of the exemptions specified in sections 5 to 16 of the Act
Function	Powers and duties
Government	Any authority by which the executive authority of the Republic of Ghana is duly exercised
Information	Information according to the Act includes recorded matter or material regardless of form or medium in the possession or under the control or custody of a public institution whether or not it was created by the public institution, and in the case of a private body, relates to the performance of a public function.
Information officer	The information officer of a public institution or the officer designated to whom an application is made
Public	Used throughout this document to refer to a person who requires and/or has acquired access to information.
Public institution	Includes a private institution or organization that receives public resources or provides a public function
Right to information	The right assigned to access information
Section	Different parts of the RTI Act

2023 Right to Information Manual

1.0 Overview

2.0 Directorates and Agencies under the Office of the Attorney-General and the Ministry of Justice (OAG-MoJ)

3.0 Description of Activities of each Directorate and Agencies

3.1 Organogram of Office of the Attorney-General and Ministry of Justice

3.2 AGENCIES UNDER THE OFFICE OF THE ATTORNEY-GENERAL AND

MINISTRY OF JUSTICE (OAG-MoJ)

4.0 Classes and Types of information

5.0 Processing and Decision on Application – S. 23

6.0 Amendment of Personal Record

6.1 How to apply for an Amendment

7.0 Fees and Charges for Access to Information

8.0 Appendix A: Standard RTI Request Form

8.1 Appendix B: Contact Details of Office of the Attorney-General & Ministry of Justice’s Information Unit

8.2

8.3 Appendix D: Glossary

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