Ex-gratia Archives - Citi 97.3 FM - Relevant Radio. Always https://citifmonline.com/tag/ex-gratia/ Ghana News | Ghana Politics | Ghana Soccer | Ghana Showbiz Mon, 03 Apr 2017 15:48:58 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.8 https://citifmonline.com/wp-content/uploads/2019/05/cropped-CITI-973-FM-32x32.jpg Ex-gratia Archives - Citi 97.3 FM - Relevant Radio. Always https://citifmonline.com/tag/ex-gratia/ 32 32 Ghanaian lawyer goes to court over ex-gratia payments https://citifmonline.com/2017/04/ghanaian-lawyer-goes-to-court-over-ex-gratia-payments/ Mon, 03 Apr 2017 15:48:58 +0000 http://citifmonline.com/?p=307636 A Ghanaian lawyer, Elikplim L. Agbemava, has commenced an action at the Supreme Court seeking clarification on some of the benefits enjoyed by Article 71 office holders as well as other public servants in that category. In his writ sighted by citifmonline.com, the lawyer further wants presidential staffers who benefit from salaries, allowances, and privileges almost like an […]

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A Ghanaian lawyer, Elikplim L. Agbemava, has commenced an action at the Supreme Court seeking clarification on some of the benefits enjoyed by Article 71 office holders as well as other public servants in that category.

In his writ sighted by citifmonline.com, the lawyer further wants presidential staffers who benefit from salaries, allowances, and privileges almost like an Article 71 office holders, to be stripped off such gratuities claiming it “is inconsistent with Article 71 and therefore unconstitutional.”

[contextly_sidebar id=”CaCLdpIiH0s4n01hwjHEOhVETys0XcMi”]Lawyer Agbemava among his reliefs want to also find out why Article 71 office holders as well as Members of Parliament, are exempted from contributing to the  Tier 1 basic national social security scheme operated and managed by the social security and national insurance trust.

According to him, such act is “contrary to the National Pensions Act, 2008 as amended, and Article 71 of the 1992 Constitution” adding that because MPs enjoy ex-gratia from the state, it does not encourage them to contribute to the social security scheme.

“A declaration that on a true and proper interpretation of Articles 17, 98 (1), and 71 of the 1992 constitution the approval by the President (on the recommendation of the Committee set up under Article 71) for the enjoyment of retiring benefits or awards by Member of Parliament on the basis of a model that does not oblige Members of Parliament to contribute to any pension insurance scheme, during their years of service in Parliament before drawing on public funds for the payment of their pension is discriminatory against all other public sector workers employees in Ghana, unfair, unconscionable and contrary to Article 17 of the constitution and therefore unconstitutional,” Mr. Agbemava stated in his writ.

The lawyer in his reliefs is also seeking “a declaration that on true and proper interpretation of Articles 98(1), 95 (6), 44 (2) and (3), 155 (1), 68 (4), 194 (5), 187 (14), 199, 203 (3)(c), 208 (3) (c), 233 (1) and 71 of the 1992 constitution, gratuity and pension is payable under the 1992 constitution after a full and final retirement of a public servant from public service and not intermittently while he/she is still in public service.”

By: Godwin Akweiteh Allotey/citifmoline.com/Ghana

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40 ex MPs sue for nearly Ghc10m pension cash https://citifmonline.com/2017/03/40-ex-mps-sue-for-nearly-ghc10m-pension-cash/ Mon, 27 Mar 2017 17:36:41 +0000 http://citifmonline.com/?p=305174 Forty (40) former Members of Parliament, who served under the Kufuor Administration, have sued the Attorney-General and the Ministry of Finance over pensions owed them, demanding at least GHc 233,495 each. Among the plaintiffs are the Senior Minister in the Nana Akufo-Addo administration, Yaw Osafo-Maafo, the acting New Patriotic Party (NPP) Chairman, Freddie Blay and Kwamena […]

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Forty (40) former Members of Parliament, who served under the Kufuor Administration, have sued the Attorney-General and the Ministry of Finance over pensions owed them, demanding at least GHc 233,495 each.

Among the plaintiffs are the Senior Minister in the Nana Akufo-Addo administration, Yaw Osafo-Maafo, the acting New Patriotic Party (NPP) Chairman, Freddie Blay and Kwamena Bartels.

The initial lump sum was said to be GHc 13,735 per plaintiff, but interest accrued on the amount from January 2009 to February 2016 raises the amount to GHc 233,495.

That would mean government would have to give out almost GHc 10 million to settle the former MPs.

The plaintiff’s claim is anchored on one of the recommendations by the Chinery-Hesse Committee Report, which says that persons who exited Parliament, having served two full term periods and are above 50 years, should be paid some sums of money as pension benefits.

Among the other reliefs, the disgruntled former MPs are also praying the court refund their legal bills.

The former MPs have since 2011 been negotiating with government regarding the pensions, but the attempts to have their demands met have proved futile.

Seth Terkper, former Minister of Finance
Seth Terkper, former Minister of Finance

They noted in their writ that, in a letter dated June 25, 2015, the Attorney General directed the Ministry of Finance to make the payments, but the Minister of Finance at the time refused, neglected or failed to make the payments as directed.

The former MPs said the conduct of the Finance Minister caused them much distress and suffering, as most of them are unemployed and unable to sustain their families as their advanced age made it difficult to find employment.

Find below the list of former MPs

  1. David Apasera
  2. Dr. Charles Brempong-Yeboah
  3. Francis Aggrey Agbotese
  4. Nii Adu Daku Mante
  5. Kwame Adusa Okerchiri
  6. Godfred Otchere
  7. Moses Dani Baah
  8. K. Brandford Adu
  9. Victor Okuley Nortey
  10. Yaw Barimah
  11. Kwadwo Darko Adjei
  12. Samuel Gyamfi Adu
  13. Joseph Tsatsu Agbenu
  14. Eugene Atta Agyapong
  15. Abraham Osei Aidoo
  16. Dr. Kwame Ampofo
  17. Dr. Matthew Kwaku Antwi
  18. Dr. Kofi Konadu Apraku
  19. Yaw Mensah Asiedu
  20. Angela Baiden-Amissah
  21. Kwamena Bartels
  22. Freddie W.A. Blay
  23. Sampson Boafo
  24. Chrisitne Churcher
  25. Kenneth Dzirasah
  26. Isaac E. Edumadze
  27. Nkrabea Effah Dartey
  28. Kwame Owusu Frimpong
  29. Kitson Akomeng Kissi
  30. Joseph Henry Mensah
  31. Mrs Anna Nyamakye
  32. Albert Kwaku Obbin
  33. Yaw Osafo-Maafo
  34. Francis Mensah Osafo
  35. Akwasi Adjei Osei
  36. K. Owusu Adjapong
  37. K. Opoku Adusei
  38. Quarm Sam
  39. Alex Sofo Seidu
  40. Alhassa Malik Yakubu

By: Delali Adogla-Bessa/citifmonline.com/Ghana

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Parliament approves Mahama’s ex-gratia https://citifmonline.com/2016/12/parliament-approves-mahamas-ex-gratia/ https://citifmonline.com/2016/12/parliament-approves-mahamas-ex-gratia/#comments Fri, 23 Dec 2016 18:36:58 +0000 http://citifmonline.com/?p=279252 Ghana’s Parliament has approved the report of the Presidential Committee on salaries and emoluments for Article 71 office holders including ex-gratia for outgoing President John Dramani Mahama. Details of the report are currently scanty because the approval was made in a closed-door meeting. Parliamentarians deliberated throughout the week after they resumed from their break on […]

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Ghana’s Parliament has approved the report of the Presidential Committee on salaries and emoluments for Article 71 office holders including ex-gratia for outgoing President John Dramani Mahama.

Details of the report are currently scanty because the approval was made in a closed-door meeting.

Parliamentarians deliberated throughout the week after they resumed from their break on Tuesday.

Per Ghana’s laws, Parliament and the Executive have the mandate to review each other’s ex-gratia.

Reject your ex-gratia if

[contextly_sidebar id=”MBYCvjWMyfm8t6XfRQCXEwv6BF770C5h”]A member of Parliament on the ticket of the outgoing National Democratic Congress, Sampson Ahi on Thursday challenged NPP MPs to reject their end of service benefits if they think President Mahama should not be passing last-minute agreements.

The NPP have expressed concerns about President Mahama’s approval of fresh contracts and appointments despite having less than a month to vacate office and hand over power to president-elect, Nana Akufo-Addo in January 2017.

Speaking on Eyewitness News , Sampson Ahi who is the MP for the Bodi constituency dared the NPP MPs to turn down their ex-gratia if it’s finally approved.

“If they are arguing that we are doing last minute loans or programmes what do they say to the fact that we are now working on approving our ex-gratia. The ex-gratia of parliamentarians must be approved by the executive and Parliament will also approve that of the executive. As we speak we haven’t done it. So why are they not saying that because there is a new government we shouldn’t allow the outgoing president to approve the ex-gratia for the parliamentarians?”

“Why are we behaving as if, if NDC does anything, it is criminal but the NPP will do it and nobody can say anything about it,” he quizzed.

By: Godwin A. Allotey & Duke Mensah Opoku/citifmonline.com/Ghana

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Reject your ex-gratia if… – Sampson Ahi dares NPP MPs https://citifmonline.com/2016/12/reject-your-ex-gratia-if-sampson-ahi-dares-npp-mps/ Fri, 23 Dec 2016 06:11:10 +0000 http://citifmonline.com/?p=278948 A member of Ghana’s Parliament on the ticket of the outgoing National Democratic Congress has challenged members of the New Patriotic Party in Parliament to reject their end of service benefits if they think President Mahama should not be passing last minute agreements. The NPP have expressed concerns about President Mahama’s approval of fresh contracts […]

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A member of Ghana’s Parliament on the ticket of the outgoing National Democratic Congress has challenged members of the New Patriotic Party in Parliament to reject their end of service benefits if they think President Mahama should not be passing last minute agreements.

The NPP have expressed concerns about President Mahama’s approval of fresh contracts and appointments despite having less than a month to vacate office and hand over power to president-elect, Nana Akufo-Addo in January 2017.

Though the NDC have argued that there is nothing wrong with such actions, the NPP think otherwise.

[contextly_sidebar id=”75TJsHTVaECMiqWUFqKOUSKrV1QFE0xN”]Parliament is currently deliberating on end of service benefits, salaries and emoluments of Article 71 office holders which includes the president.

Per Ghana’s laws, Parliament and the Executive have the mandate to review each other’s ex-gratia.

Speaking on Eyewitness News on Thursday, Sampson Ahi who is the MP for the Bodi constituency dared the NPP MPs to turn down their ex-gratia if it’s finally approved.

“If they are arguing that we are doing last minute loans or programmes what do they say to the fact that we are now working on approving our ex-gratia. The ex-gratia of parliamentarians must be approved by the executive and Parliament will also approve that of the executive. As we speak we haven’t done it. So why are they not saying that because there is a new government we shouldn’t allow the outgoing president to approve the ex-gratia for the parliamentarians?”

“Why are we behaving as if, if NDC does anything, it is criminal but the NPP will do it and nobody can say anything about it,” he quizzed.

We’ll boycott last minute agreements

Mr. Ahi’s remark comes on the back of the Minority’s notice of a possible boycott to avoid approving government’s last minute agreements which they claimed were being pushed to parliament illegally.

Osei Kyei Mensah Bonsu
Osei Kyei Mensah Bonsu

According to the Minority Leader, Osei Kyei Mensah Bonsu, the sheer disregard of the house in relation to handover notes in the ongoing transition process as a guide to business in the house and the tabling of new loans are unfortunate.

“… As I speak to you now handover notes have not been submitted to Parliament. Parliament has not been presented with handover notes from the Administrator General covering the activities of the presidency, neither has Parliament been given any report relating to the projections of developments that government envisages.

“…Parliament cannot say that it is on its own and decide on which business to transact including the approval of new loans. In the absence of such accurate handover notes and reports to Parliament, one would expect that in the spirit of consensus building, the current administration would clear any undertakings especially new engagements with the presidential transition team. The President John Dramani Mahama administration has elected not to avail itself of this vehicle. In the circumstance, we the NPP minority caucus wants to register our deepest disgust at unilateral decisions being taken to have Parliament approve of loans, suppliers credit agreements and project implementation agreements. The latter of which process is unknown to the rules of procedure, that is our standing orders in this Parliament,” he said.

By: Godwin A. Allotey/citifmonline.com/Ghana

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MPs to discuss Mahama’s ‘ex-gratia’ today https://citifmonline.com/2016/12/mps-to-discuss-mahamas-ex-gratia-on-tuesday/ https://citifmonline.com/2016/12/mps-to-discuss-mahamas-ex-gratia-on-tuesday/#comments Tue, 20 Dec 2016 06:23:26 +0000 http://citifmonline.com/?p=278066 Ghana’s Parliament is expected to reconvene on Tuesday, December 20, 2016 for a weeklong meeting that will end the life of the sixth Parliament of the 4th Republic. Key on the agenda of the outgoing Members of Parliament (MPs) will be the retirement packages for the nation’s soon to be former president, John Dramani Mahama. […]

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Ghana’s Parliament is expected to reconvene on Tuesday, December 20, 2016 for a weeklong meeting that will end the life of the sixth Parliament of the 4th Republic.

Key on the agenda of the outgoing Members of Parliament (MPs) will be the retirement packages for the nation’s soon to be former president, John Dramani Mahama.

The House is expected to consider and approve the package for Mr. Mahama who lost a re-election bid some two weeks ago.

mahama-hands-up-620x330

[contextly_sidebar id=”M7UnzOZgFkubZOoKBxRJs5ef8huVn0OO”]President Mahama per the 1992 constitution is also obliged to approve a new pay levels and a retirement package for the nation’s lawmakers based on the recommendations of a committee he set up in January 2016 to look at the conditions of service of Article 71 office holders including that of the Chief Justice and many others of the judiciary.

It is unclear how much will be going with the soon to be former President Mahama when he retires from office in January 2017 but insiders say the defeated Ghanaian leader will retire on his salary and that there may be additional perks based on the performance of the Ghanaian economy.

The committee that the president appointed for the report finished its work in August 2016 and in the first week of September submitted its report to the presidency for consideration.

That report is to be forwarded to Parliament which the MPs will review it within the next few days.

Although it is unclear the details of the report, insiders say the committee recommended that the amount of money to be paid to retiring public officials should not be held in secret and that details of the report should be published.

Sources very close to the situation further suggest that MPs have not seen an upward review of their salary since they started receiving new salary levels based on the recommendations of the Ewurama Addy Committee report guided by the performance of the economy.

MP unhappy over delay in bringing report to Parliament

The Member of Parliament for the Sekondi Constituency in the Western Region, Papa Owusu Ankomah, in an earlier interview with Citi News’ Richard Dela Sky in October 2016 complained about the delay in bringing the committee’s report to Parliament.

“It’s like every four years a president is bound by the constitution to set up a certain committee who will recommend to the President and Parliament to determine the emoluments, salaries etc of certain public officers. Particularly for those of us within the political class, it’s almost always embroiled in controversy, because as we speak, the president has not determined the salaries and emoluments of that class of offices including the Chief Justice, MPs etc. But anytime there is a controversy about it, it is the political class that is held responsible.”

“And Article 71 (2) also talks about Parliament on the recommendations of that committee determines the emoluments of the president, vice president, ministers of state and deputy ministers but as at now, the report hasn’t come to Parliament so Parliament has not been able to perform its constitutional duty under Article 71 (2),” he lamented.

By: citifmonline.com/Ghana

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Ex-assembly members cry over unpaid ex-gratia https://citifmonline.com/2016/11/ex-assembly-members-cry-over-unpaid-ex-gratia/ Fri, 25 Nov 2016 17:25:25 +0000 http://citifmonline.com/?p=271725 Twenty-three former Agona West Municipal Assembly Members have threatened to take legal action against the assembly for failing to pay them their ex-gratia for more than two years. The threat was issued at the third ordinary session of the assembly at Agona Swedru. A spokesman of the members, Mr Jude Baffoe, former Assemblyman for Agona […]

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Twenty-three former Agona West Municipal Assembly Members have threatened to take legal action against the assembly for failing to pay them their ex-gratia for more than two years.

The threat was issued at the third ordinary session of the assembly at Agona Swedru.

A spokesman of the members, Mr Jude Baffoe, former Assemblyman for Agona Kwamang and a government appointee of the assembly, said all efforts made to force the assembly to pay the money had proven futile.

He said the ex-members were looking forward to being paid an amount of GH₵ 1,500 each, approved by the Ministry of Local Government and Rural Development.

He appealed to Mr Collins Dauda, the Minister of Local Government and Rural Development, to probe the delay of the payment.

Mr Jonathan Benifo, the Acting Co-ordinating Director of the Assembly, responded that the assembly was struggling to mobilise money to pay the ex-members.

 

Source: GNA

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Review our retirement package – MPs cry out https://citifmonline.com/2016/11/review-our-retirement-package-mps-cry-out/ Wed, 02 Nov 2016 17:31:13 +0000 http://citifmonline.com/?p=264437 Some Members of Parliament have made calls for a review of the retirement package for law makers in the country. The MPs lamented that life after service in Parliament for some members often becomes extremely difficult hence efforts must be made to cushion them when they leave Parliament. The concerns were raised on the floor of the house, […]

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Some Members of Parliament have made calls for a review of the retirement package for law makers in the country.

The MPs lamented that life after service in Parliament for some members often becomes extremely difficult hence efforts must be made to cushion them when they leave Parliament.

The concerns were raised on the floor of the house, after tributes were read in memory of the late MP for Hohoe North, Prince Jacob Hayibor.

Theme Member of Parliament for Central Tongu, Joseph Gidisu in his comment said “the rate of exit from this world by colleagues who have passed out of the house is quite alarming; and I want to equally associate myself on calling for a very serious attention to be given to whatever support that could be given to members of the house by way of pension or any other arrangement to be of assistance to MPs when they are outside this house.”

The Deputy Minority leader and Member of Parliament for Bimbilla, Dominic Nitiwul, described as disappointing, the situation where Members of Parliament would now have to contribute to support the former MP’s funeral.

Government in 2013, released about GH¢200,000 to be paid to former Members of Parliament who served in the fifth parliament of the fourth republic as ex-gratia.

‘Set up provident fund for ex-gratia’

In April 2016, a Zonal Consultative forum held in Kumasi on emoluments and salaries of article 71 public office holders, ended with recommendations that a provident fund be set up to allow Members of Parliament (MPs) cede part of their monthly salaries to serve as their ex-gratia when they exit Parliament.

A five-member Presidential Committee on Emoluments appointed by President John Dramani Mahama is organizing the broad consultative meetings across the country to solicit public views on the all-important issues to factor these into a final recommendations document.

Article 71 office holders are: the President and his Vice, Ministers and Deputy Ministers, Speaker of Parliament and Members of Parliament, Chief Justice, other superior judges and heads of independent state agencies.

By: Duke M. Opoku & Jonas Nyabor/citifmonline.com/Ghana

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