Mahama's Ex-Gratia Promise vs. CRC Recommendations

One of the major promises of President John Dramani Mahama in the run-up to the 2024 general election was to scrap the retirement benefits of Article 71 officeholders. At the launch of his campaign for the National Democratic Congress (NDC) on Thursday, March 2, 2023, he promised to scrap ex-gratia when he becomes president again, a promise that won the hearts of members of his party and a lot of Ghanaians. "The payment of ex-gratia to members of the executive under Article 71 will be scrapped. And the necessary constitutional steps to abolish that payment will start in earnest in 2025. "We will also begin the process of persuading the other arms of government, other than the executive, to accept the removal of this ex-gratia payment," he said during that campaign. But after a year of his presidency, not much is being said about the removal of ex-gratia. Even the Constitutional Review Commission (CRC), which was expected to recommend the processes for the removal of the retirement benefit, did not say much about it in its final report to the president. I will scrap ex-gratia when I become president – Mahama Here is what the CRC said about ex-gratia: The CRC, which was chaired by Prof Henry Kwasi Prempeh, the Executive Director of the Ghana Centre for Democratic Development (CDD-Ghana), only recommended that the salaries of the Article 71 office holders should be determined by the “Independent Public Emoluments Commission." In their own words, they stated that; “The Committee recommends an amendment to clauses (1) and (2) of Article 71 to provide that the salaries and allowances and the facilities and privileges available to persons holding public office generally, including the President and the holders of the other offices listed under clauses (1) and (2), shall be determined by the proposed Independent Public Emoluments Commission.” Article 71 (1) lists the top public officers whose remuneration should be determined by the President of the Republic. “(1) The salaries and allowances payable, and the facilities and privileges available, to— (a) the Speaker, Deputy Speakers, and members of Parliament; (b) the Chief Justice and the other Justices of the Superior Court of Judicature; (c) the Auditor-General, the Chairman and Deputy Chairmen of the Electoral Commission, the Commissioner for Human Rights and Administrative Justice and his Deputies and the District Assemblies Common Fund Administrator; (d) the Chairman, Vice-Chairman and the other members of— (i) a National Council for Higher Education howsoever described; (ii) the Public Services Commission; (iii) the National Media Commission; (iv) the Lands Commission; and (v) the National Commission for Civic Education; being expenditure charged on the Consolidated Fund, shall be determined by the President on the recommendations of a committee of not more than five persons appointed by the President, acting in accordance with the advice of the Council of State,” it reads. Article 71 (2) states that Parliament should determine the remuneration of the President and the executive arm of government. “The salaries and allowances payable, and the facilities available, to the President, the Vice-President, the Chairman and the other members of the Council of State; Ministers of State and Deputy Ministers, being expenditure charged on the Consolidated Fund, shall be determined by Parliament on the recommendations of the committee referred to in clause (1) of this article,” the section reads. The CRC report only recommended that an independent commission be established to determine the salaries and allowances of Article 71 office holders, without making any impact on the president’s promise to scrap ex-gratia. This suggests that the commission, which is to be set up, possibly by the president, will have the task of ensuring that the president's promise sees the light of day. As pointed out, the ex-gratia benefits of the legislative arm of government and the judiciary were determined by the president, whereas those of the executive were determined by Parliament. Maybe the proposed amendment of Article 71 (1) and Article 71 (2) ties into the “necessary constitutional steps” for the abolishment of ex-gratia promised by the president. But a clear, bold statement by the government on how the promise by John Dramani Mahama will be fulfilled might help and bring some sort of closure to this matter. BAI/AE Why we picketed against Ofori-Atta not Sedina Tamakloe, others – Arise Ghana explains Arise Ghana demands Ken Ofori Atta’s return from US Hopeson Adorye makes appearance at Arise Ghana picket against Ofori-Atta