Ex Gratia: John Mahama Promises To Review Constitution On Entitlements For Article 71 Office Holders

Ex Gratia: John Mahama Promises To Review Constitution On Entitlements For Article 71 Office Holders

  • Former President John Dramani Mahama wants to review the ex gratia and other benefits of Article 71 office holders
  • He said if he gets the nod to return as president, he will continue the review process of the 1992 Constitution started under late president Mills
  • His comments follow renewed debate about ex gratia payments after Togbe Afede returned over GH¢360,000 paid to him as parting gift for service as a Council of State member

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Former President John Mahama has disclosed that he would work hard to review the entitlements for Article 71 office holders, including the controversial ex gratia.

Parliamentarians, senior members of the Judiciary, Executive office holders and selected public servants come under the "Article 71 office holders."

They are called Article 71 office holders because they draw their salaries and other benefits from the Consolidated Fund. A controversial provision for this category of office holders is the ex gratia.

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John Mahama
John Dramani Mahama is former president of Ghana. Source: Facebook/@JDMahama.
Source: Facebook

The ex gratia benefits are usually lump sum cash and periodic payments, houses, cars and other parting gifts to these categories of public servants. Governance experts have always kicked against ex gratia.

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Speaking at a conference organised by lawyers affiliated with the National Democratic Congress (NDC), Mr Mahama assured that if he becomes president in 2024, the Constitutional Review process started under late President John Evans Atta-Mills would be completed.

"The next NDC government must commit to the implementation of the review of the 1992 Constitution, which was begun by President John Evans Atta Mills of blessed memory.
"This review should among others aim at reforming the judiciary and tackle head-on issues on ex-gratia payments and other matters of Article 71 emoluments," Mahama promised.

Not long ago, Paramount Chief of the Asogli State, Togbe Afede XIV, received massive praise from a section of Ghanaians on social media for turning down over GH¢365,000 given to him as ex gratia.

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In a statement issued on June 6, 2022, he explained that he felt the GH¢365,392.67 paid into his account was simply inappropriate.

"I did not think the payment was made to trap me, as is being speculated. I believe it was paid to everybody who served on the Council of State. However, I thought that extra payment was inappropriate for a short, effectively part-time work, for which I received a monthly salary and was entitled to other privileges. So, I was very uncomfortable with it," he clarified.

He revealed further that he even wrote to the Secretary, Council of State, explaining that while it was a great honour to serve on the Council of State for four years, 2017 to 2020, and even as chairman of one of the three committees of the Council (the Economy and Special Development Initiatives Committee) he did not think his work merited the payment of a colossal sum.

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His gesture stoked debate about the ex gratia payments to certain categories of public servants who already enjoy fat salaries.

Former Appeals Court Judge Takes On Mahama For Describing Judiciary As Corrupt

In a separate story, a former justice of the Court of Appeal has taken on former President John Mahama for suggesting that the Supreme Court is corrupt because it reflects badly on the country.

Justice Isaac Douse said the Judiciary is broad, so it is misplaced to bundle the entire system as corrupt.

“It is difficult to agree with [Mahama] on the soiled image of the Judiciary. The Judiciary has a range from the magistrate court all the way to the supreme court. From what I’ve read, he has a problem with the Supreme Court and the cases that they took there and history has shown us something that we should not do too frequently,” he told Class FM.

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Source: YEN.com.gh

Authors:
George Nyavor avatar

George Nyavor (Head of Politics and Current Affairs Desk) George Nyavor writes for YEN.com.gh. He has been Head of the Politics and Current Affairs Desk since 2022. George has over 9 years of experience in managing media and communications (Myjoyonline and GhanaWeb). George is a member of the Catholic Association of Media Practitioners Ghana (CAMP-G). He obtained a BA in Communications Studies from the Ghana Institute of Journalism in 2010. Reach out to him via george.nyavor@yen.com.gh.