GH¢350 Million Flood Fund Scandal Rocks Parliament: Minority Demands Answers, Accuses Officials of Breach

The Ghanaian Parliament is currently embroiled in a significant dispute concerning the disbursement of GH¢350 million intended for flood relief and post-flood mitigation efforts following recent devastating floods. The Minority caucus has vociferously called for the immediate dismissal of the Attorney General and Minister for Justice, Dr. Dominic Ayine, citing what it alleges are unlawful actions. Conversely, the government, through the Minister of State for Government Communications, Felix Kwakye Ofosu, has staunchly defended the disbursement, labeling the Minority's demands as "misplaced, baseless, and totally unwarranted."

At the heart of the Minority's concerns is the GH¢350 million, which, according to the caucus, was initially approved by Parliament to be withdrawn from the Contingency Fund. Deputy Minority Leader Patricia Appiagyei highlighted that at the time of the disbursement, the Contingency Fund was under a court-issued garnishee order linked to a long-running land dispute. The Minority argues that if the fund was legally inaccessible due to this attachment, then the disbursement either defied a court order or came from another public account without proper parliamentary approval. They question how the money was moved under such circumstances, pointing to potential breaches of the Constitution and Ghana’s public finance laws.

The Minority further contended that the Ministry of Finance's official statement, which announced the release of funds from the Contingency Fund while the court process remained unresolved, was problematic. They assert that if the approved source became unavailable, any alternative funding arrangement should have been brought back to Parliament for fresh approval. Failure to do so, according to the Minority, means Parliament's initial approval for the Contingency Fund was never executed, and an unapproved withdrawal was carried out, constituting a direct violation of the Constitution and the Public Financial Management Act, 2016 (Act 921), which criminalizes unauthorized withdrawals. Furthermore, they placed direct responsibility on Attorney General Dr. Dominic Ayine, accusing him of failing in his constitutional duty under Article 88 to protect the state's legal position and ensure adherence to the law. This includes allegations that he presided over litigation where a constitutional fund was attached without apparent resistance or seeking its discharge, and for failing to provide lawful advice at a critical moment.

In robust defense, Felix Kwakye Ofosu dismissed the Minority's claims, stating unequivocally that no wrongdoing had occurred and no law had been breached. He explained that the Minister for Finance had initially secured approval from Parliament's Finance Committee to withdraw GH¢350 million from the Contingency Fund for flood response, allocating GH¢150 million for immediate relief and GH¢200 million for mitigation measures. Mr. Ofosu clarified that under the law, withdrawals from the Contingency Fund only require the approval of the Finance Committee, not the full House, a condition that was met. However, he acknowledged that the Governor of the Bank of Ghana subsequently informed the Finance Minister about the court-issued garnishee order preventing access to the Contingency Fund.

To circumvent the court order and ensure urgent support for flood victims, Mr. Ofosu explained that the Finance Minister instead accessed funds from the Contingency Vote. This Contingency Vote, he elaborated, is contained within Appendix 4D on page 203 of the 2026 Appropriation Act, which appropriated GH¢3.6 billion. He emphasized that the Finance Minister is legally authorized to utilize these funds without seeking fresh parliamentary approval, as Parliament has already empowered him to use that money as deemed necessary after the Appropriation Act has been passed. The Attorney General's role, according to Mr. Ofosu, was limited to proffering a legal opinion, an action entirely within his constitutional mandate and not an offense against Ghana's laws. Mr. Ofosu further stated that the Contingency Vote could be replenished from the Contingency Fund once the garnishee order is lifted, and even if the court order remains in force, the Finance Minister retains the legal authority to disburse from the Contingency Vote. He concluded by accusing the Minority of misunderstanding the legal provisions governing the two distinct funding mechanisms, asserting that their demands were baseless and not grounded in fact.

Despite the government's detailed explanation, the Minority remains unyielding in its demand for a comprehensive probe. Second Deputy Minority Whip, Jerry Ahmed Shaib, reiterated the call for the Minister for Finance and the Attorney-General to appear before Parliament to clarify the source and process of the disbursement. Mr. Shaib stressed that the Minority seeks to understand how what he described as "an illegitimacy was legitimised" and ensure the funds were genuinely disbursed from a lawful source, expressing fears that without full transparency, the process could be exploited to enrich a select few rather than genuinely benefit flood victims. He emphasized that the core issue extends beyond initial parliamentary approval to the actual source and lawful use of the funds, asserting the Minority's duty to represent citizens affected by the floods, many of whom have lost lives, property, and livelihoods.

Beyond the call for Dr. Ayine's resignation or removal, the Minority has issued several formal demands. They require the Attorney General and the Finance Minister to present all relevant records to Parliament without delay, including the garnishee order, the full record of the suit that produced the judgment, a letter dated 1 July 2026, and every correspondence exchanged among the Attorney General, the Ministry of Finance, the Controller and Accountant-General, and the Bank of Ghana concerning the attachment, directives, and withdrawal. They also demand that the Governor of the Bank of Ghana publicly clarify whether the bank declined to give effect to the Attorney General’s directive, from which exact account the GH¢350 million was released, and on whose instruction. Finally, the Minority insists on an immediate special audit by the Auditor-General into the flood response disbursement, from source to destination, with a report to Parliament. The caucus has warned that should candid answers not be forthcoming, they will pursue every available parliamentary and legal avenue to uncover the truth.