The Centre for Socioeconomic Studies (CSS) has petitioned the Commission for Human Rights and Administrative Justice (CHRAJ) under Article 218(b) of the 1992 Constitution, which gives CHRAJ the mandate to, among other things, investigate complaints concerning the balanced structuring of public services.
On 28th March 2019, an Accra Human Rights High Court presided over by HER LADYSHIP JUSTICE GIFTY AGYEI ADDO in the case of Francis Kwarteng Arthur vs. The National Identification Authority (Suit No. HR/DJ22/18) held that all the personal information listed under Section 4 of Act 750 (as amended by Act 950) are mandatory and must be provided by all persons who apply to be registered for the Ghana Card. Specifically, the High Court Justice stated on page 17 of the judgement that the wording of Section 4 of Act 750 “is mandatory with no exclusion to the information required”. We have attached a certified copy of the judgement as Appendix A to this petition.
Contrary to this court ruling, the NIA has used its own whims as regards the personal information listed under Section 4 of Act 750 in dealing with registrants for the Ghana card. This conduct by the NIA raises serious public concerns and has resulted in public confusion and frustration over which particulars are expected of citizens who wish to be registered for the Ghana Card. By this conduct, the CSS strongly believes that the NIA has failed to structure its services in accordance with law.
The CSS has requested the Commission to do the following:
- Cause the NIA to produce a compliance report as requested by CSS in its letter dated 26th April 2019;
- Investigate whether the NIA has complied or is complying with the decision of the Human Rights High Court;
- Use its powers under the Constitution to cause the NIA to comply with the Court decision; and
- Do or cause to be done any other thing that will ensure that the services, processes and procedures of the NIA are structured in a balanced manner