Features
Time to review payment of ex-gratia to Article 71 office holders
Ex-gratia is a payment made as a favour or forms a sense of moral obligation rather than any legal requirement. This payment is made to compensate for the loss of contractual entitlement. It is made to an individual by an organisation, government, an insurer for damages or claims, but it does not require the admittance of liability by the party making the payment. It is, therefore, a voluntary payment or a gift to the recipient.
Since all payments received in connection with employment are taxable, ex-gratia which also forms part of emoluments, is subjected to tax by government. Since bonus is paid according to the employees’ performance in a company, the Bonus Act, requires that employees are eligible for an annual bonus ranging from eight per cent to 20 per cent of their salary. Ex-gratia, is therefore, an additional payment made by employers out of their goodwill.
CATEGORY OF WORKERS WHO ENJOY EX-GRATIA
One may argue whether an ex-gratia is part of salary paid to workers. It is not and can never be part of workers’ salary. Instead, it is a form of an incentive given by management to worker/employee either as gratitude for his or her extra work or of free will when the company is making a lot of profit.
In Ghana, the only category of workers who benefit from ex-gratia payment is Article 71 office holders made up of the President of the Republic, the Vice President, the Speaker of Parliament, the Chief Justice and other Justices of the Supreme Court of the country. The rest are Parliamentarians, Ministers of State, political appointees and public servants with salaries charged to the Consolidated Fund, but enjoying special Constitutional privileges. These Article 71 office holders already earn between GH¢28, 017.00 (minimum) and GH¢47, 277.00 (maximum) as monthly salaries, according to a research conducted. For instance, the Chief Justice earns GH¢34,146.00, Supreme Court Judge, GH¢33, 270.00, Appeals Court Judge, GH¢31, 519.00 and High Court Judge, GH¢28, 017.00 as monthly salaries.
MODE OF PAYMENT OF EX-GRATIA
This ex-gratia is paid according to the positions held by each individual occupying a position in government, and it is paid every four years when a certain political party has served its full tenure. The amount paid to this category of workers occupying executive position, ranges from GH¢366, 340.00 (minimum) to GH¢659, 392.00 (maximum).
It is important to note that our parliamentarians enjoy ex-gratia every four years, regardless of whether they are re-elected or not as “thank you” from the Ghanaian taxpayers. This, means that a member who let’s say has served for 20 years or more, will at least get five times ex-gratia. Records indicate that the longest serving MP during this Fourth Republic who served for 28 years, took seven times ex-gratia entitlement.
VIEWS BY A FINANCIAL CONSULTANT ON MPs EX-GRATIA
Dr Faith Ababio-Twi, Financial Consultant and Chief Executive Officer of FAB Consult, USA, in a recent article on payment of ex-gratia to parliamentarians, dwellt on the purpose of payment of ex-gratia to MPs, explaining that they devoted their time fully to make laws that would benefit the country. However, he said, the issue of absenteeism in parliament was of great concern to the Ghanaian taxpayers whose taxes were being used to pay them. Hear him, “It is an open secret that most MPs absent themselves from parliament to attend to their private businesses. Ex-gratia should not be automatic. It should be given to well deserving MPs not for people who just take up the mantle and do nothing in formulating policies that they swore an oath to undertake”. He said ex-gratia should be structured in a way to eliminate life-time election such as members who are career MPs.
MPs REMAIN UNITED WHEN IT COMES TO BENEFITS
Frankly speaking, how many times do Ghanaians hear that MPs from the opposite sides are divided over payment of allowances and other benefits? When it comes to sharing of vehicles, housing loans and other juicy benefits every four years, no member of parliament will be against it. The concerns of most Ghanaians are that should we remain aloof when our MPs continue to enjoy these luxuries at the end of every four years in addition to the payment of ex-gratia to them?
It is a fact that Ghanaians went to the polls to elect their MPs through voting the candidates of their choice to help develop their various communities for every four years, but what do we gain from them in return, since most of the communities still remain undeveloped whilst the MPs are enjoying their wealth and riding in luxury cars while they forget about the very people who put them where they are?
UNFAIR TREATMENT TO OTHER CATEGORY OF WORKERS
Does it make sense to hear that a headmaster who is a public servant who imparted knowledge and intellectual property for many years to train ministers of state, justices of the judiciary, doctors, engineers, journalists, nurses, other professionals and public servants goes home as retired educationist with no ex-gratia while others enjoy the facility? That to me and others who think alike is unreasonable and unfair.
It is recalled that when the eminent chief, Togbe Afede XIV, Paramount Chief of the Asogli State in the Volta Region, saw the need to reject the GH¢365, 000 that was paid into his account as ex-gratia for being a Member of the Council of State and returned the money to the state through the Bank of Ghana, many were those who read political meanings into his decision, with a wide condemnation of being mischievous.
TOGBE AFEDE’S LEADING EXAMPLE TO THE STATE
Togbe Afede’s explanation was that he received monthly payments and allowances while as a member of the Council of State and, therefore, there was no need for the payment of the ex-gratia. To him, that extra payment was inappropriate for a short, effective part-time work for which he received a monthly salary and was entitled to other privileges. His explanation did not go down well with his accusers, who branded him with all kinds of negativities and called him names.
It may be of interest to my readers and patrons that the Speaker of Parliament, Mr Alban Kingsford Sumana Bagbin, who can be described as the chief referee of our noble and august law making institution, Parliament, recently justified the payment of the ex-gratia to Members of Parliament. He contended that the money was very important for the sustenance of the MPs after serving the country. According to him, money spent by MPs to campaign for their elections was three times more than the ex-gratia they received.
PAYMENT OF EX-GRATIA NOT UNDER DISPUTE
The issue at hand as far as this ex-gratia is concerned is that, nobody is disputing the quantum and payment of this facility to parliamentarians, it is rather the mode for which these payments are being made and the calibre of people who are qualified to enjoy the facility. We are talking of a country which is experiencing serious economic crisis that has led us to the International Monetary Fund (IMF) to seek a bailout to restructure and revamp the downward trend of the economy. In the midst of all these economic challenges, we cannot continue to dish out money as ex-gratia to some government officials who are already enjoying fat and impressive salaries at the end of every month while the majority of workers continue to receive low remunerations.
REVIEWING EX-GRATIA AWARDS
Ghanaians are, indeed, suffering and have nowhere to turn to for survival and if those they are looking up to help them to confront these challenges, who are already living better with high salaries, are adding up to their wealth just to impoverish them, they will surely be agitated and condemn the package. It was time the nation took a second look at the laws regarding the payment of ex-gratia to Article 71 office holders, political appointees and other public servants and saw how best it could modify and review the law on Ex-gratia to reflect on the economic circumstances and other aspirations of our dear country. We cannot continue to pump money into areas that will not benefit the nation and for that matter Ghanaians in general.
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By Charles Neequaye
When Abigail Fremah steps up to the Armwrestling table, the noise fades, the tension settles, and order takes over.
Despite a calm, but firm and meticulous disposition, she has become one of the quiet forces shaping Ghana’s growing reputation in the sport, not as an athlete, but a referee trusted on the continental stage.
Abigail’s journey into Armwrestling did not begin at the table. Like many Ghanaian sports enthusiasts, she grew up playing several disciplines. Football was her first love, but she also featured in volleyball and basketball during her school years. Sports, she says, was simply a way of life not just for her.
“It runs through the family. All my siblings are into sports,” she stated.
“I was involved in almost every sport in school, football, volleyball, netball, hockey; I did everything,” she recalls.
Her academic background in Health, Physical Education and Recreation laid a solid foundation for her sporting career. While on scholarship at the university (University of Cape Coast), she often used her modest budget to support young athletes, sometimes sharing skills and even T-shirts at programmes she attended. Giving back, she explains, has always been part of her motivation.
However, as she matured as an athlete, Abigail made a critical self-assessment.
“Armwrestling involves a lot of strength,” she admits. “Looking at my body type, I realised I couldn’t fit properly as a competitive athlete.”
That moment of honesty pushed her to a different trajectory but equally important path in sports; which is officiating.
During her National Service, she was encouraged by Mr Charles Osei Asibey, the President of the Ghana Armwrestling Federation (GAF), to consider officiating. He introduced her to a technical official, Mr Hussein Akuerteh Addy, who formally took her through the basics of Armwrestling officiating in 2021.
“I started as a case official,” she says. “We moved from region to region every week, officiating competitions. That’s where it all began.”
By 2022, Abigail was actively involved in national assignments, though she missed the African Championship that year. Her breakthrough came in 2023, when Ghana hosted the African Armwrestling Championship.
It was her first experience officiating at a major international competition and it changed everything.
“That was my first national and international exposure at the same time,” she says. “It really opened my eyes.”
Today, Abigail is a World Junior Armwrestling Referee, a status earned through performance, consistency and discipline. She explains that progression in officiating was not automatic.
“It’s all about performance, your appearance at African Championships, your conduct, how you handle pressure; that’s what takes you to the world level,” she stressed.
As a referee, Abigail’s priority is safety and fairness. Armwrestling, she notes, comes with risks, particularly injuries to the wrists, elbows, shoulders and arms.
“If athletes don’t follow the rules or refuse to listen to officials, injuries can happen,” she explains, adding that focus was everything.
Before every match, she ensures that all equipment which includes elbow pads, hand pegs and table alignment were properly set. Athletes are not allowed to cover their elbows, must grip correctly, and must follow the referee’s commands precisely.
“We make sure everything is fixed before the grip,” she says. “Once we say ‘Ready… Go’, there should be no confusion.”
She is also firm on discipline. Warnings are issued for infractions, and repeated misconduct attracts penalties.
“The referee must be respected, if you don’t listen, the rules will deal with you,” she says.
Abigail credits her confidence partly to her sporting family background. Her mother was a volleyball player, while other family members also participated in sports. Though they were initially concerned about her safety, her rise to the top reassured them.
“They were afraid at first,” she admits. “But they were also very proud, especially because some of them never got the opportunity to reach this level.”
Looking ahead, Abigail is optimistic about the future of Armwrestling in Ghana. In less than a decade, the country has produced African and world-level medalists, a sign, she believes, of great things to come for Ghana.
“Whenever we go out, we come back with medals such as gold and silver,” she says, and to her that was a sign of growth.
In the next five to ten years, Abigail sees herself rising to become a World Master Referee, the highest officiating level in the sport. Until then, her routine remains intense, training four times a week, working closely with athletes, standing on her feet for hours, and constantly refining her understanding of the rules.
“I love this sport,” she says simply. “That love is what keeps me going.”
Abigail encouraged women to be bold and intentional about their place in sports saying “don’t limit yourself because of fear or stereotypes.”
She also urged women to invest in learning, discipline and consistency, stressing that respect was earned through performance.
For Abigail, as Ghana’s armwrestlers continue to make their mark, she will remain where she is most effective at the table, ensuring the game is played right.
By Esinam Jemima Kuatsinu
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As he had promised Aperkeh, the elderly man and his wife and three daughters stopped by Aperkeh’s parents’ house. Mr Amando and his family were preparing to settle in for the night.
“Brother Ben and family”, Mr Joshua Amando said warmly, “although I know you are here on a matter that can hardly be described as joyous, it is still good to see you. You are welcome. Please sit down while I bring you water”.
“Yes, we will take water, even though we are hardly thirsty, because this is our home”.
“Okay, Ben”, he started after they had drank, “Let me go straight to the point. My daughter Priscilla has told me about the goings on between her brother Aperkeh and our daughter Stella.
Before informing me, Priscilla had expressed concern to Aperkeh about some habits he is adopting, especially the late nights and the drinking. She tells me that one Saturday morning, she was there when Stella complained about his drinking and some girls who had come to the house to look for him, and he assaulted her.
I called him and complained, but all he could say was that I don’t know what caused him to react that way, so I could not judge him. Now he does not answer my calls.
I have sent Priscilla to his house to call him, but he has refused to come. Unfortunately, Ben, my son is a much different person than the young boy who completed university and started work at the bank. I am really embarrassed about his treatment of Stella”.
“Joshua, let me assure you that even though what is happening is very unfortunate, it will not affect our relationship.
We have been friends since childhood, and I thought that with their parents’ blessing, the relationship between Aperkeh and Stella would grow to become a blessing to all of us. But there appears to be a real challenge now.
Stella thinks that Aperkeh wants her out of his house, and indeed Aperkeh himself told me that, about an hour ago.
So I’m taking my daughter home. I suggest that you do what you can to straighten him out, but if it does not work out, let’s accept the situation and continue to be one family.
I am sure that being the well behaved girl that she is, Stella will meet a young man who will cherish her. Fortunately, this problem is happening early in the day, so they can sort things out if possible, or move on with their lives if they are unable to stay together”.
“I’m really grateful for that, Ben. I will do my best in the next few days to reason with him, because apart from the relationship with Stella, Aperkeh is risking his job and career with this lifestyle.
A good job and salary offers an opportunity to gather momentum in life, not to destroy yourself”.
“Okay Brother Joshua. We will say goodnight. I hope to hear positive news from you”.
As he descended in the lift from the fourth to the ground floor, Aperkeh wondered who would be waiting at the reception to see him at nine on Monday morning. He had spent good time with both of his new girls during the weekend, so it had to be someone else. He got out of the lift and pulled a face when he saw Priscilla.
“Priscilla”, he said as he sat down by her, “what do you want here? You know Monday morning is a busy time at the bank. I am a very busy person, so say what you want, I have work to do”.
“You are very funny, Aperkeh. You are telling me, your sister, that you have work to do, so I should hurry up? Okay, Dad says I should advise you to come home tonight, because he wants to discuss the issue of Stella with you. He sent me to you twice, and you did not come.
He has tried to call you quite a number of times, but you have refused to answer his calls. He says that if you do not come tonight, you will be very surprised at what he will do. He says you will not like it at all, so better come.
“What is all this? Why won’t you people leave me alone? Stella is very disrespectful. I told her that if she wanted to continue to live in my house, she must obey me. It is that simple.
She chose to continue ordering me about, controlling me in my own house, so I told her that if she could not live under my conditions she should leave. And she left. In fact, her own father came and took her away. So what again?’’
“How did she disobey or control you? Was she complaining about your continuous drinking and late nights? And did you slap her on several occasions because of that? Did you tell her that if she could not live under your conditions she should leave? You actually said that to her father? You have forgotten that before she came to live with you, our two parents met and agreed, and gave it their blessing?’
“Why don’t you leave, Priscilla? I don’t have to listen to all that”. “Okay, I will go. Your father who gave birth to you and educated you to university level sends me to you, and you ask me to leave? I wish you would defy him, and refuse to come home as he’s telling you, because he is planning to give you the discipline you badly need. Let me tell you. Stella is such a beautiful and decent girl, and I assure you that someone will grab her before you say Jack. You are only 30 years old, and you have already become a drunkard”.
As he walked towards the lift, Aperkeh decided on what to do. He would go home, and calmly listen to what his father had to say. The old man was very unpredictable, and he wouldn’t dare ignore him. So he would take all the insults and threats, but as for Stella she was history. According to Priscilla, Stella was beautiful and all that, but she had not seen the two curvaceous princesses who were all over him, ready to do anything he asked. And these were not barely literate waakye girls, but university graduates from wealthy homes, really classy girls. With stuff like that, who needs a waakye girl? He smiled as he took his seat.
A few minutes to five, Aperkeh was packing up to leave for home to meet his dad when his phone rang. It was Priscilla.
“Aperkeh, Dad says you don’t need to bother to come. Stella’s dad says she came to him early this morning to plead that she would rather stay at home than return to your house. She thinks you are already decided to be rid of her, and she does not want to risk being assaulted again. So it’s done. You can go ahead and enjoy the nice life you have started”.
Before he could tell her to go to hell, Priscilla hanged up the line. He was partially stung that his dad had virtually cut him off. The last thing anyone would want was to fall out of relationship with his own family, which had always supported him.
But the truth was he was no longer interested in Stella. What was wrong with going by one’s feelings? He could only hope that one day, his parents and sister would try to reason with him.
By Ekow de Heer
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