Minority Cites Gov’t for Constitutional Breaches Over GH¢350 Million Flood Fund Release

The Minority in Parliament has accused the government of constitutional breaches and concealment in the release of GH¢350 million for flood relief, and is calling for the immediate resignation of the Attorney-General and Minister for Justice.

The Minority’s case rests on a letter dated July 1, 2026, from the Office of the Attorney-General and Ministry of Justice to the Governor of the Bank of Ghana.

In it, the Attorney-General wrote, “I am aware that the Contingency Fund is presently the subject of garnishee proceedings.”

According to the Minority, this was the first official admission that the Contingency Fund, from which Parliament approved GH¢350 million for flood victims, was under court attachment.

Instead of going to court to vary or discharge the order, the Attorney-General advised the central bank to proceed regardless.

He wrote that “the exceptional circumstances surrounding this national emergency and the overriding public interest in safeguarding lives and property warrant the immediate release of the approved funds” and urged the Bank of Ghana to release the GH¢350 million “without delay.”

The Minority argued that court processes cannot be overridden by a minister’s “considered opinion.”

“In the Republic of Ghana, court processes are not overridden by the considered opinion of any Minister. They are varied, discharged or set aside by the courts that issued them, and by no one else,” the Caucus said.

The group further alleged that although the Ministry of Finance announced the money had been released from the Contingency Fund, the fund could not lawfully have been accessed because of the garnishee.

It said the unavoidable conclusion is that the disbursement must have come from another public account, without Parliament’s approval.

“If that is what occurred, then Parliament was never asked to approve that alternative source, and the constitutional requirements governing withdrawals from public funds were bypassed,” the Minority stated.

It challenged the government to produce Bank of Ghana statements and transfer advice to prove the source, or to disclose which account was used, who authorised it and under what law.

The Caucus cited breaches of Articles 1(2), 125, 177, 178 and 88 of the Constitution, and of the Public Financial Management Act, 2016 (Act 921).

It said the Attorney-General failed in diligence by allowing a constitutional fund to be attached, failed in candour by concealing it from Parliament, and failed in fidelity by directing the central bank to disregard a court process.

The Minority also questioned the Finance Minister’s role, saying that on 29 June 2026 he either knew the fund was under attachment and failed to disclose it, or sought approval without knowing.

The Minority is demanding that both the Attorney-General and the Finance Minister appear before Parliament with the garnishee order, the full suit record, the July 1 letter and all correspondence with the Bank of Ghana and the Controller and Accountant-General.

It also wants the Governor of the Bank of Ghana to state publicly whether the bank declined the Attorney-General’s directive and from which account the GH¢350 million was in fact released.

It warned that if answers are not provided, it will pursue a full parliamentary inquiry and go to the Supreme Court under Articles 2 and 130 to enforce the Constitution.

Additionally, it is calling for a special audit of the flood disbursement by the Auditor-General.

The Minority also stated that the Attorney-General must resign or be removed by the President.

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