By Grace Zigah
The administration of President John Dramani Mahama has reportedly settled the ex-gratia payments of Members of the 8th Parliament and the Speaker, covering the period between January 2021 and January 2025.
However, the same cannot be said for the former President, Vice President, members of the Executive, and the Council of State, who are yet to receive their constitutionally approved emoluments under Article 71 of the 1992 Constitution.
This revelation emerged following a Right to Information (RTI) request filed by Ghanaian citizen and transparency advocate, Kofi Asare, to the Parliament of Ghana on October 7, 2025.
The response from Parliament, dated October 14 and signed by the Deputy Clerk, Camillo Pwamang, confirmed that the legislative body and its leadership had indeed received their Article 71 payments for the 2021–2025 service period.
Parliament’s response clarified that the formal determination of the emoluments was completed during its 399th sitting on January 6, 2025, and transmitted to the President on the same day.
The communication further disclosed that Parliament had received releases from the Controller and Accountant-General’s Department (CAGD) corresponding to the President’s determination of Article 71 emoluments — payments that benefited the Speaker and Members of Parliament.
However, Parliament also confirmed that it had not received any notification or confirmation from the Ministry of Finance or the CAGD regarding the implementation of the same emoluments for the Executive arm of government, including the former President, Vice President, Ministers, and the Council of State.
This effectively means while lawmakers have been paid, other constitutional officeholders are still waiting.
Presidency Silent on RTI Request
In a parallel move, Asare submitted a similar RTI request to the Office of the President, also dated October 7, 2025, seeking clarification on the implementation status of Article 71 emoluments for all eligible officeholders who served between January 7, 2021, and January 6, 2025 — corresponding to the second term of the erstwhile Akufo-Addo administration.
Under Section 23(1) of the Right to Information Act, 2019 (Act 989), public institutions are required to respond to information requests within 14 days.
Yet, more than 22 days after receiving the application, the Presidency has not issued any formal response, raising questions about transparency and compliance with the RTI law.
Following the lapse of the statutory deadline, the applicant filed an internal review request on October 24, 2025, invoking Section 32 of the RTI Act.
In his follow-up, Asare argued that the “deemed refusal” of the request violated his constitutional right to access information under Article 21(1)(f) of the 1992 Constitution.
He further contended that the information sought involved issues of clear public interest — namely, the disbursement of public funds and the enforcement of constitutional provisions governing salaries and gratuities of public officials — and thus could not be exempted under Act 989.
The applicant emphasized that the presidency’s failure to provide the requested information “undermines transparency, accountability, and fiscal responsibility in the exercise of executive power.”
Reliefs Sought
In his petition for internal review, Asare requested that the President’s office reverse the “deemed refusal” of his initial application and issue a formal decision in accordance with Section 33 of the RTI Act.
He also sought direct answers to six specific questions concerning the payment status of emoluments to:
1. The former President (Nana Addo Dankwa Akufo-Addo);
2. The former Vice President (Dr. Mahamudu Bawumia);
3. The former Chairman and Members of the Council of State;
4. Former Ministers and Deputy Ministers of State;
5. Former government appointees and other Article 71 officeholders; and
6. The dates or timelines for their payments, including any related correspondence or approvals from the CAGD.
Asare reminded the Presidency that under Section 33 of Act 989, it is mandated to conclude an internal review “as soon as reasonably practicable, but within 15 days.”
He warned that failure to comply would compel him to escalate the matter to the Right to Information Commission under Section 65 of the Act.
Finance Ministry Also Fails to Respond
In addition to the RTI applications submitted to Parliament and the Presidency, the applicant also lodged a similar request with the Ministry of Finance.
The request sought clarification on the dates, status, and mechanisms of payment for Article 71 emoluments due to all qualified former officials for the 2021–2025 period. However, as of October 30, 2025, the Finance Ministry has also failed to issue any response.
Background
Under Article 71 of the 1992 Constitution, the emoluments of key public officials — including the President, Vice President, Ministers, Members of Parliament, and Members of the Council of State — are determined by the President upon the recommendation of a committee, and approved by Parliament.
At the end of each four-year term, these officeholders are entitled to a constitutionally mandated end-of-service benefit known as ex-gratia.
