The Attorney-General’s Department has defended the government’s handling of financial transactions linked to the National Cathedral project, amid a Supreme Court challenge over their constitutionality.

The clarification comes after a 2024 suit filed by private citizen Jonathan Amable, who is seeking several declarations against the government, alleging unconstitutional financial practices.

Mr. Amable is asking the Court to declare that using funds from the Consolidated Fund for the National Cathedral 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 He is also requesting the return of all monies allegedly withdrawn unlawfully for the project.

The plaintiff is additionally challenging the constitutionality of the USD 10 billion COVID-19 Relief Bond transaction between the Ministry of Finance and the Bank of Ghana, arguing that it breached Article 181(4) of the Constitution, which regulates public borrowing. The dispute includes a $5 billion portion of the bond previously flagged by the then minority caucus, led by Cassiel Ato Forson and Mahama Ayariga, as an alleged unauthorised financing of the central government budget.

In response, Attorney-General Dr. Dominic Ayine insisted that the government’s actions are lawful and consistent with the Constitution. He clarified that all payments toward the National Cathedral were made under the Contingency Vote, classified as “Other Government Obligations,” and not from the Contingency Fund as alleged.

“The National Cathedral is 100% owned by the State,” the statement read. “Indeed, the Attorney-General issued an opinion on 6th January 2022 that the National Cathedral is a state-owned company limited by guarantee, under the Ghana Museums and Monuments Board.”

The statement noted that the financing and policy framework for the project have been publicly outlined in annual budget statements since 2018, with the Finance Minister, Ken Ofori-Atta, detailing the government’s contributions of land, a secretariat, and seed money, while expecting most construction and maintenance funding to come from non-public sources.

Dr. Ayine also stated that Parliament had approved the project’s financing as part of the national budget after thorough debate. Regarding the COVID-19 Relief Bond, the Attorney-General’s Department maintained that the transactions between the Ministry of Finance and the Bank of Ghana fell within lawful fiscal management measures implemented during the pandemic.