GH¢350m flood fund release unconstitutional – Minority

The New Patriotic Party Minority Caucus in Parliament has accused the Attorney-General and Minister for Justice of allegedly directing illegality and the government of constitutional chaos over the release of GH¢350 million for the June 29, 2026, national flood response.  

At a press conference addressed by Madam Patricia Appiagyei, the Deputy Minority Leader, in Parliament House on Wednesday, the Minority presented a July 1, 2026 letter from the Attorney-General (AG) to the Governor of the Bank of Ghana (BoG) as evidence.

According to the Caucus, “the letter directed the release of GH¢350 million ‘notwithstanding’ subsisting garnishee proceedings against the Contingency Fund.

She added: “The Attorney-General, aware of a subsisting court process, directed the central bank of the Republic to proceed notwithstanding it on no authority but his own ‘considered opinion.’’

Madam Appiagyei explained that “In the Republic of Ghana, court processes are not overridden by the considered opinion of any minister.”

Quoting the AG’s letter headed “Release of Funds from the Contingency Fund for the National Emergency Flood Response Programme,” the Deputy Minority Leader alleged the AG admitted, “I am aware that the Contingency Fund is presently the subject of garnishee proceedings.

“He then stated, ‘Notwithstanding those proceedings, it is my considered opinion that the exceptional circumstances… warrant the immediate release of the approved funds,’ she read.

According to Madam Appiagyei, also the New Patriotic Party (NPP) Member of Parliament (MP) for Asokwa, the AG further allegedly advised the BoG to release the GH¢350 million “without delay.”

As a result, the Minority argued the proper course was for the AG to go to court to vary or discharge the attachment.

“The emergency demanded speed before a judge, not a coup against the court’s process,” she said.

She noted that the Minority’s central revelation was that although Parliament approved the withdrawal specifically from the Contingency Fund on Monday, June 29, 2026, the money may have been taken from “another public account.”

“If the Contingency Fund remained under attachment… then the emergency disbursement could only have proceeded through another public account. If that is what occurred, then Parliament was never asked to approve that alternative source,” she stated.

The group accused the Ministry of Finance of announcing “without qualification that the money had been released from the Contingency Fund,” a statement the Caucus says “did not accurately reflect what transpired” if the funds came from elsewhere.

The Minority listed four violations: Articles 1(2) and 125: Supremacy of the Constitution and rule of law “A government whose Attorney-General certifies his own exemptions from judicial process has placed itself above the courts.

“Articles 177 and 178: Parliamentary control over public funds. “If the GH¢350 million was drawn from any account other than the Contingency Fund, then the approval Parliament granted was never executed… and Act 921, which criminalises unauthorised withdrawals has been violated in broad daylight.

“Article 88: Failure of the AG as principal legal adviser to resist the attachment or counsel lawfulness.”

Lastly, the Caucus listed deception of Parliament: “Concealment of material facts from Parliament, compounded by a false official statement to the public, strikes at the foundation of parliamentary oversight as a violation.”

The Minority has therefore demanded the immediate appearance of the AG and Minister for Finance before Parliament with the garnishee order, the July 1 letter, and all correspondence; BoG Governor to state publicly which account was debited and whether the Bank declined the AG’s directive.

“Special audit by the Auditor-General “from source to destination and resignation of the Attorney-General, or his removal by the President,” she said.

“An Attorney-General who directs the central bank to proceed ‘notwithstanding those proceedings’… has failed in fidelity to the very Constitution he swore to uphold,” Madam Appiagyei said.

“Should he fail to do the honourable thing, we call on the President… to relieve him of office without delay,” she added.

The Minority also served notice of a potential motion for a full parliamentary inquiry and recourse to the Supreme Court under Articles 2 and 130.

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