The long-standing debate over ex-gratia payments in Ghana has once again taken center stage, with Deputy Attorney General and Minister Designate for Justice, Justice Srem-Sai, outlining possible legal routes to abolish the controversial benefits.

He clarified that eliminating ex-gratia, as promised by President John Dramani Mahama, could be achieved through multiple approaches—some requiring more time than others.

According to him, one option is a constitutional amendment, though he pointed out that Article 71 does not prescribe a specific formula for determining the remuneration and entitlements of the specified class of persons, only that a committee should determine them.

The conversation around ex-gratia intensified in June 2024 when John Dramani Mahama, then flagbearer of the National Democratic Congress (NDC), reiterated his commitment to scrapping the payments if elected.

He emphasized the need to address inequalities in public service remuneration, arguing that the existing system disproportionately favours high-ranking officials.

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Ex-gratia payments—lump sum benefits awarded to certain officeholders at the end of their tenure—have long been a source of public frustration, with many Ghanaians questioning their sustainability and fairness, particularly in a struggling economy.

Justice Srem-Sai acknowledged the constitutional complexities of the issue but suggested that a legislative approach could offer a more immediate solution. He recalled how, in the previous year, a committee sought to expand the list of beneficiaries but was halted by the Supreme Court.

He believes the problem lies in the committee’s recommendations, which could be addressed by passing an act of parliament to prescribe the formula.

While a constitutional amendment would be a lengthy process, he explained that regular legislation could expedite the change.

If the committee decides against payments or makes specific recommendations, parliament could approve them, and the president could do the same for parliamentary approvals. This means the process could either be long or short, depending on the chosen approach.

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