All payments toward the National Cathedral were lawful – AG responds to Court suit

The Attorney-General’s Department has defended the government’s financial dealings on the National Cathedral project, rejecting claims that the transactions violated the 1992 Constitution.

The clarification comes in response to a 2024 Supreme Court suit filed by private citizen Jonathan Amable, who is challenging what he describes as unconstitutional financial practices by the state.

Mr. Amable is asking the Court to declare that funding for the National Cathedral from the Consolidated Fund, without prior approval from the Speaker of Parliament and the Chairperson of the Council of State, breaches Article 179(11) of the Constitution.

He is also seeking an order compelling the state to refund all monies allegedly withdrawn unconstitutionally for the project.

The plaintiff further challenges the constitutionality of a $10 billion COVID-19 Relief Bond transaction between the Ministry of Finance and the Bank of Ghana, arguing that it contravenes Article 181(4), which governs public borrowing.

In its response, the Attorney-General, Dr. Dominic Ayine, maintained that all payments toward the National Cathedral were lawful and drawn from the Contingency Vote, categorised under “Other Government Obligations,” not from the Contingency Fund as alleged.

“The National Cathedral is 100% owned by the State,” the Attorney-General’s statement emphasized, noting that the project is a state-owned company limited by guarantee under the Ghana Museums and Monuments Board, as confirmed in a legal opinion issued on January 6, 2022.

The Department added that the project’s financing and policy direction have been transparently outlined in annual budget statements since 2018, with the government pledging to provide land, a secretariat, and seed money, while expecting most funding to come from private and non-public sources.

According to the A-G, Parliament also granted policy approval for the project as part of the national budget following detailed deliberations.

Regarding the COVID-19 Relief Bond, the Attorney-General argued that the agreement between the Finance Ministry and the Bank of Ghana was within lawful fiscal management measures adopted to cushion the economy during the pandemic