[ 2017-04-03 ]

Ghanaian lawyer goes to court over ex-gratia payments
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.”

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.”

Source - citifmonline.com

... go Back