University lecturer and business strategist Dr. Razak Kojo Opoku has defended the government’s refusal to disclose the Interministerial Committee Report on the National Lottery Authority (NLA)-KGL Technology Limited contracts, arguing that the document is exempt from disclosure under Ghana’s Right to Information (RTI) Act, 2019 (Act 989).
In a detailed article responding to calls by investigative media outlet Fourth Estate for access to the report, Dr. Opoku contended that even KGL Technology Limited—the principal private party affected by the government’s review and renegotiation of the contracts—has not been provided with a copy of the report.
According to him, KGL formally requested the report from the Office of the President, the Office of the Attorney-General and Ministry of Justice, and the Ministry of Finance but has not received it.
He argued that this demonstrates that the report remains confidential despite the company being directly involved in negotiations with the government.
KGL Negotiating Without Report
Dr. Opoku stated that the ongoing renegotiations between the government and KGL are instead being guided by a letter dated April 7, 2026, signed by the Secretary to the President, Dr. Callistus Mahama.
He maintained that if KGL itself has no access to the report, there is no legal basis for Fourth Estate, which he described as a non-party to the negotiations, to demand disclosure under the RTI Act.
He questioned why a private media organisation should receive access to a document that has not been made available even to one of the principal parties involved in the contractual review.
RTI Exemptions Cited
To support his argument, Dr. Opoku cited several provisions of the RTI Act which he believes exempt the report from public disclosure.
He referenced Section 5, which protects information prepared for or submitted to the President or Vice-President where disclosure could undermine executive deliberations.
He also cited Section 6, covering Cabinet documents and policy deliberations, arguing that disclosure could prejudice government policy formulation or undermine Cabinet decision-making processes.
According to him, the report also falls under Section 10, which protects commercially sensitive information, financial negotiations, and documents whose disclosure could adversely affect the country’s economic interests or ongoing government negotiations.
He further relied on Section 11, which exempts confidential commercial, financial and technical information supplied in confidence where disclosure could prejudice negotiations, confer unfair commercial advantage, or result in financial losses.
Additionally, he referenced Section 13, which protects internal opinions, recommendations and deliberations within public institutions where disclosure could undermine decision-making processes.
Public Interest Argument Rejected
Dr. Opoku also dismissed suggestions that the report should be released under the RTI Act’s public interest provisions contained in Section 17.
He argued that the NLA-KGL contracts have already been accepted by the government as lawful, pointing to the Office of the President’s April 7, 2026 correspondence titled “Implementation of Recommendations Arising from the Inquiry into Contracts Between the National Lottery Authority (NLA) and KGL Technology Limited.”
According to him, the matter does not involve threats to public safety, public health, public morals, a miscarriage of justice, abuse of authority, neglect of official duty, or any overriding public interest that would outweigh the potential harm disclosure could cause.
Criticism of Fourth Estate
The academic accused Fourth Estate and its parent organisation, the Media Foundation for West Africa, of misunderstanding the scope of the RTI Act.
He argued that journalists should carefully study the exemptions contained in Sections 5 through 17 before filing applications for information or pursuing legal redress under the Act.
Dr. Opoku further questioned whether Fourth Estate, as a private media organisation, could legitimately insist on access to a report that remains unavailable to public institutions directly involved in the negotiations.
He concluded by urging journalists to deepen their understanding of Ghana’s Right to Information Act before pursuing similar requests in future.
Broader Context
The Interministerial Committee Report forms part of the government’s review of contractual arrangements between the National Lottery Authority and KGL Technology Limited. The matter has attracted considerable public interest amid discussions over the legality, financial implications and future structure of the agreements.
While Dr. Opoku maintains that the report is protected by multiple exemptions under the RTI Act, advocates of greater transparency have argued that disclosure is necessary to promote accountability in matters involving public institutions and state contracts.
The debate highlights the continuing tension between government confidentiality during policy and contractual negotiations and the public’s constitutional right to access information in the interest of transparency and accountability.
