The Attorney-General’s Department has defended the actions of the government in a case that questions the constitutionality of specific financial transactions related to the financing of the National Cathedral project.
This clarification comes in response to a lawsuit filed in 2024 at the Supreme Court by a private citizen, Jonathan Amable, who is seeking various declarations against the government regarding what he claims are unconstitutional financial practices.
Among other forms of relief, Mr. Amable is requesting that the Court declare the financing of the National Cathedral’s construction from the Consolidated Fund—without prior approval from the Speaker of Parliament and the Chairperson of the Council of State—violates Article 179(11) of the 1992 Constitution.
He is also pursuing an order for the return of all funds that were allegedly withdrawn unconstitutionally for the project.
It is important to note that the then minority caucus, led by Cassiel Ato Forson and Mahama Ayariga, had previously expressed concerns regarding the alleged financing of the central government budget by the Bank of Ghana without prior parliamentary approval.
These transactions included treasury bills and the $5 billion segment of the COVID-19 relief bond that is currently being contested by Mr. Amable.
In addition to the funding for the National Cathedral, the plaintiff is also challenging the constitutionality of the USD 10 billion COVID-19 Relief Bond transaction between the Ministry of Finance and the Bank of Ghana.
He contends that this transaction, which was part of the Bank of Ghana’s asset purchase programme, breached Article 181(4) of the Constitution, which regulates public borrowing.
Nevertheless, in a statement of case opposing the lawsuit, the Attorney-General, Dr. Dominic Ayine, asserted that the provisions referenced by the plaintiff are lawful and in accordance with the Constitution.
The Attorney-General asserted that all payments made towards the National Cathedral were conducted lawfully under the Contingency Vote, classified as “Other Government Obligations,” and not from the Contingency Fund as claimed by the plaintiff.
“The National Cathedral is entirely owned by the State,” the statement indicated. “In fact, the Attorney-General provided an opinion on 6th January 2022 confirming that the National Cathedral is a state-owned company limited by guarantee, under the Ghana Museums and Monuments Board.”
The statement further emphasized that information regarding the financing and policy direction of the National Cathedral had been publicly disclosed through annual budget statements since 2018.
In those budget statements, the Finance Minister, Ken Ofori-Atta, detailed the government’s commitment to supplying land, a secretariat, and initial funding for the project, with the anticipation that the majority of the construction and maintenance financing would be sourced from non-public entities.
The Attorney-General also reminded that the project’s financing had received policy endorsement from Parliament as part of the national budget following extensive discussions.
Regarding the COVID-19 Relief Bond, the Attorney-General’s Department contended that the transaction between the Ministry of Finance and the Bank of Ghana was within the lawful parameters of fiscal management strategies implemented during the pandemic.
