Court orders State to pay entitlements to former Auditor General
An Accra Fast Track Court on Monday ordered the State to pay to Mr. Edward Dua Agyeman, former Auditor General, entitlements due him.
These include gratuity and pension, in accordance with recommendations of the report on a review of facilities and privileges under Article 71 of the 1992 Constitution.
According to the court, the state was to pay a monthly pension equivalent to his salary as adjusted from time-to-time in accordance with the salary of the Auditor General at post or that of the Justice of the Court of Appeal.
The orders came after Mr Agyeman had gone to court over non-payment of his entitlements since 2010, despite several appeals to government.
The court presided over by Mr U.P Dery awarded
GH¢10, 000 as general damages and additional GH¢ 10,000 as cost against the State.
The State, however, in its response, claimed that the position of the Auditor General was a political, but failed to explain who a political appointee was.
According to the State, the former Auditor General was political appointee and not a career staff of the Audit Service or other public service, and, therefore, did not qualify for pension.
In his statement of claim, Mr Agyeman stated that from January 30, 2003 to May 19, 2010, he was the substantive Auditor General of Ghana.
Plaintiff averred that by a letter from the Presidency, his appointment as the substantive Auditor General in January 2003, indicated that other terms and conditions of his appointment would be communicated to him in due course.
Mr Agyeman said a letter dated on May, 2003, signed by the Ministry of Finance and Economic Planning, attached the details of the terms and conditions, indicating that the gratuity and pension would be determined by the President acting in accordance with the advice of the Council of State.
Plaintiff said on May 19, 2010, when he was retiring, he made several request for the payment of his gratuity and pension as stated in the letter.
He said surprisingly, Dr Valarie Sawyerr, the Deputy Chief of Staff by a letter dated on October 18, 2010, informed him of government’s non-payment of retirement benefits as stated in accordance with Article 71 (1) of the 1092 Constitution, stating that he (plaintiff) was apolitical appointee.
Mr Agyeman said he made several requests to government for reconsideration of the view but all fell on deaf ears.
Plaintiff contended that the position of Auditor General was not a “political appointee” since the Auditor Service formed part of the Public Service of Ghana, and the office of the Auditor General was also a public office.
Mr Agyeman, therefore, proceeded to the court to seek among others a declaration of an order for the payment of his gratuity consisting of three months’ salary for very year of service as paid to his predecessor.
The court, however, turned down an order for the provision of free medical and dental facilities for plaintiff and his spouse.
Source: GNA