Council Of State’s ‘Benefitiam’

“Every man must decide whether he will walk in the light of creative altruism or in the darkness of destructive selfishness”

Martin Luther King, Jnr.

IT WAS HISTORIC, not just symbolic; it was momentous, not just colourful. It was a speech that reverberated in the nooks and corners of the country, being not only statesmanlike but also emulative:

“Mr. President, over the past few weeks the Council has been deliberating on the current economic condition of the country. As we were going through our routines, you and your Cabinet were at a retreat over the same issues. We are particularly delighted to read that your Cabinet have decided to reduce some of your emoluments. In tandem with this decision, we as Council of State have also decided that we will reduce our monthly allowances by 20% until the end of this year.

“This move is our way of contributing our widow's mite to our total effort towards economic recovery,” so the highly respectable successful Chairman of the Council of State, Nana Otuo Siriboe, Juabenmanhene noted. An elated President Nana Addo remarked: “We intend to do it, I'm grateful for the act of solidarity on the part of the Council for doing the same thing.”

A widow's mite? In the Synoptic Gospels (Mark 12:41-44; Luke 21:1) Jesus narrates the story of a widow's contribution. “And Jesus beheld how the people cast money into the treasury and many that were rich cast much. And there came a certain poor widow, and she threw in two mites. And (Jesus) said unto (the disciples): verily, I say unto you, that this poor widow hath cast more in, than all they which have cast with the treasury for all they did cast in of their abundance but she of her want did cast in all that she had, even all her living.”

The two mites, (Greek = lepta) the widow cast were together equal to a quadrans, one – sixtieth of a denarius. A mite was, therefore, the smallest of the Jewish coins. The mention of a “widow's” mite tickled our fancy. So, to the Council of State members, their contribution was “small” (meagre, petty, modest, humble, teeny – weeny, microscopic, infinitesimal, Lilliputian…). But, wait for it! The effects are far – reaching.

Articles 89-92 of the 1992 Constitution spell out the composition and functions of the Council of State: a former Chief Justice, a former Chief of Defence Staff, a former Inspector General of Police, the President of the National House of Chiefs – some elected members and some selected by the President.

You could say they comprise “le crème de la crème” prominent citizens, analogous to the Council of Elders in the traditional political systems to advise the President on issues of national importance, as the President has noted: “It is always better to have two or more opinions than to rely on one viewpoint. This is not meant to be a busy body charter (Act 91:3) but on matters of national importance, the Council can make its views known.”

You may pick Sam Okudzeto Esq, former President of the Ghana Bar Association, with over 50 years of legal experience; Mr. Enoch Teye Mensah (from February 2021 to present) ex-MP for Ningo-Prampram, ex – Minister of Works and Housing, Employment and Social Welfare, Youth and Sports, Education, ex-Mayor of Accra, ex-Minority Chief Whip, ex-Majority Chief Whip, ex-member of the Pan-African Parliament; or take Mrs. Margaret Amoakohene, a PhD holder from University of Leicester, a lecturer and head of Communications at the Department of Communications of the University of Ghana, Legon.

OR Major- General Richardson Baiden, an experienced military officer who, for a period, became the Commissioner of Customs, Excise and Preventive Service; OR Oseadeayo Akumfi Ameyaw, the likeable Paramount Chief of Techiman, a progressive lawyer who won all the 22 votes against the nil vote of his contender, Adu Baah Agyapong to represent Bono East Region on the Council of State;

OR just too many distinguished men and women of class, chaired by Nana Otuo Siriboe, (Okatakyie), an electrical engineer who had brilliantly ruled Juaben – Ashanti State far more than 50 years!

Then, Honorable Ken Ofori Atta, the resolute (strong-willed) Minister of Finance, acknowledged the current domestic problems: rising fuel prices; rising inflation and cost of living; exchange rate depreciation; rising interest rates as well as revenue mobilisation challenges.

BUT, he made bold to say that these difficulties were not peculiar to Ghana – attributed to the devastating impact of COVID-19 as well as the Russia-Ukraine War, both of which had distorted the world supply chain. (Oil which had earlier this year been sold at $75 per barrel was now selling for $140 per barrel). Rising cost of living; U.K, U.S.A, France – troubles in Sri Lanka, Peru and we still have free SHS, there is no dumsor; road construction proceeding?

The measures appeared draconian: Moratorium on public sector importation of vehicles (reduced by 50%); moratorium on all foreign travels; moratorium on the establishment of new public sector institutions; reduction of expenditure on meetings and conferences by 50%; and Ministers and heads of SOEs to contribute 30% of their salaries from April to December, 2022!

Then, we make bold to add: cut cost of fuelling of official vehicles by switching off stationary vehicles; find a way of dealing with the money -changers (Public Officers themselves should not patronise them: don't be attracted by the higher rates they offer at Alabar or Cow Lane, see the currency Act, 1964 – which needs an amendment; check smuggling of goods including fuel; monitor transit goods – make sure they don't come back for local consumption, and thereby deny government of import revenue.

We don't envy those who are agitating for a Cabinet reshuffle – the Ministers themselves need not get haunted after tasting the sweetness of their offices for more than 5 years!

We rather love Enimil Ashon for writing: “I love Akufo-Addo enough to want to see him follow Kufour as a wise ruler … downsizing of his Cabinet … why should any country with a Ministry of Culture also have a Ministry responsible for Chieftaincy and Religion … Fisheries and Aquaculture Development (for Food and Agriculture)… Railway Development (for Transport) … Aviation (for Transport)… Public Enterprise (an office at Jubilee House)… and extravagant “per diem.”

Is anyone worried about the minority NDC taking the passage of the E-Levy bill in Parliament to the Supreme Court? What are their reliefs and the bases? Of course, this will be a test of the “maxims of law” (presumptions).

And we know one of these “omnia praesumuntur rite esse acta” (shortened), that is, “the presumption of regularity,” which states that until the contrary is proved officially an act is presumed to have complied with any necessary formalities and that the person(s) who did it was duly appointed.”

Presuming procedural fairness, accountability and degree of discretion; and in Professor Jerry Mashaw's words: “(The Court) declined to meddle,” see R.H. Stearns v United States (1934). You need to rebut the presumption of regularity to succeed.

We all need to note that it is not only the “against” people who will be monitoring the use of E-Levy funds. We all have a patriotic duty so to do.

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From Africanus Owusu Ansah