Open Letter to The Citizens Of Ghana On Facts On some national Issues On The Front Burner To Enrich Public Discourse for effective Nation Building

Fellow Ghanaians, once again, I extend my warmest felicitation to you.

Folks, the pertinent national issues on the front burner among others, are the Gold for Oil Deal, Emoluments of Article 71 Office Holders cum alleged payment of Ex-gratia to the affected persons, Matters on the Appointment of Ministers from Parliament as required at Article 78 of the 1992 Constitution, hence amendments of the 1992 Constitution. Unfortunately, there is mass appeal for the jettison of the of 1992 Constitution for a new one.

The demand for the jettison of the 1992 Constitution, is an attempt to undermine the reputation (intelligence or wisdom) of the framers of the 1992 Constitution and truly speaking, some of the affected persons have entertained a notion that the framers of 1992 Constitution were mostly veranda boys and girls and who framed it to satisfy Flt Lt JJ Rawlings, then Chairman of the PNDC.

This is not acceptable, because in our Nation’s political history, it is only the 1992 Constitution has anchored our Democratic system (Republic) that has survived beyond one Administration and has endured for 30 years and as such, it saw eight Presidential and nationwide Parliamentary elections and resulted in five regime changes, with the whole Country regarded as a Constituency for the Presidential Candidates. So the wining Presidential Candidate or a Presidential Candidate-Elect must score at least 50% plus one Vote by Universal Adult Franchise, (qualified persons to vote nationwide) for him or her to become the Chief Executive of the Nation, who is also the Commander-in-Chief of the Armed Forces of Ghana. This was the same with the 1979 Constitution which had almost the same provisions as in the 1992 Constitution but the two differ in a major area of whether a Minster of State could be appointed within or without Parliament.

Two previous Constitutions of 1957 and 1969 had the Head of State (the Queen of Britain as in the 1957 Constitution and a nominal President as in the 1969 Constitutions) not elected at all by the people but the Head of Government, the leader of the Political Party with majority Members of Parliament thus Majority leader in Parliament, was appointed by the Head of State as the Prime Minster, as in the case for the 1957 and 1969 Constitutions. This implied that the Head of Government in both the 1957 and 1969 Constitutions was elected by voters of a single Constituency in the Country and our history had Ashiedu Keteke Constituency for 1957 and Wenchi Constituency for 1969). Both the 1957 and the 1969 Constitutions demanded all (100%) Ministers appointed from Parliament. . .

The wrong notions on the issues on the front burner need to be corrected; hence this submission is meant to state the facts and the merits in order to change the negative narrative in the public domain, to a positive one thus soliciting mass/ your support for the effective building of our dear Nation through fixing Ghana Agenda through the vehicle driven by the Modern Ghana website.

Fellow Ghanaian, pardon me to reiterate that the propaganda being churned on the Gold for Oil Deal, the matters on Article 71 of the 1992 constitution/alleged payment of Ex-gratia as well as the derogatory remarks made against the framers of the 1992 constitution by some of the persons calling for the jettison of 1992 Constitution, if allowed to be peddled several times without a challenge with the facts/merits and superior ideas, would soon be accepted as the gospel truth by gullible persons. Hence, patriotic/good and seasoned Senior Citizens in national affairs must rise to the occasion to defend the Constitution by correcting the wrongs and foster the principle of One Nation, One People with a Common Destiny, so that as a united people, we can receive the blessing of Almighty God for effective building of our great Nation.

Folks, Politics is simply a way of life, so, it therefore affects everyone, so, everyone must be involved in the Politics of this great Country to ensure the effective building of this great Nation to Ghana Beyond Aid, otherwise to arrest the cyclical dependence on the ritual Cocoa syndicated loan for strengthening our Ghanaian Cedis against the Dollar, a yearly robbing Peter to pay Paul syndrome which is part of our economy/political history since 1993, the year the 1992 Constitution became operational. The Hon Speaker of Parliament was very right when he said that the problem is not the 1992 Constitution but the quality (Competency, attitude etc) of the human resources of this Country. So, if God rotates the people of Singapore with the citizens of Ghana, we, citizens of Ghana, will turn Singapore, our new home upside-down (destroy the place) and cross the sea with whatever means to be migrants with the citizens of Singapore .in their new home country (Ghana)..

So, this submission to you, the good citizen of this Country, among others, is to request you, not to sit on the fence thus swallowing all matters or everything on the politics of Ghana, hook, line and sinker, from some Academicians, our Political Leaders especially from both the NPP and NDC and related CSOs. Some of the persons, our Compatriots, notwithstanding their stature may either be in corrupt acts to satisfy their paymasters or financiers (especially those not affording good ideas for the Gold for Oil Deal) or acts of populism (some politicians, some members of some CSOs) thus misleading the populace for their selfish gains. Otherwise they have been demonstrating ignorance on the said pertinent issues; hence they are clueless on the related national matters.

So, please take time to read through the whole of this submission for facts and merits on the said issues,, because among others, this paper will make a strong case for the Gold for Oil Deal, make it clear that payment of ex-gratia is not sanctioned by the 1992 Constitution. So, I will prove below that ex-President Mahama and others have never being paid ex-gratia sanctioned by the 1992 Constitution.

So, if ex-gratia has been paid in the name of the 1992 Constitution then join me to get the Auditor General through both Parliament or the Council of State or the Supreme Court of Ghana to recover unconstitutional payments of the ex-gratia. Lastly, I would attempt to make strong cases for the Gold for Oil Deal, the Defence of the 1992 Constitution Emoluments of Article 71 Office Holders and matters on Article 78 (on the Appointment of some Ministers of State from Parliament).

Gold for Oil Deal
As a seasoned ex-security operator who worked in the extractive industry, precisely a former head of security for a Gold Mining Company which afforded me the lucrative chances to gain good working knowledge in gold mining, metallurgical processing, smelting/refining, bullion security, bullion escorting/exporting and the accounting of gold bullion, therefore well-armed with issues in the mining sector, especially the contribution of the mining sector to the national economy, I deemed it as very important as a duty to the Nation therefore to God to counter the propaganda by keeping on emphasizing that the Gold for Oil Deal is a very good policy for the nation and must be embraced by good citizen of Ghana for the rebooting of the national economy. But it needs to be made transparent as echoed by some fellow Ghanaians especially ex-President Mahama, Dr Tony Aubyn..

The deal is sine qua non to satisfy the letter and spirit of Section 6 of Article 257 of the 1992 Constitution which vested gold and other minerals in the President of Ghana on behalf of and in trust for the citizen of Ghana. Furthermore, it is in line with Article 36 of the 1992 Constitution on the management of the national economy for the maximum welfare and happiness of every person in Ghana. Lastly, it is also in consonance with the Constitutional requirement that the Bank of Ghana is to promote and support a good cause to maintain the stability of the currency of Ghana and encourage and promote economic development and the efficient use of the resources of Ghana as provided at Section (2) (a) of Article183 and Section (2)(c) of Article183 of the 1992 Constitution respectively.

Folks, as the saying goes that the buck stops with the President, so, gold as an asset of the citizen vested in the President by Constitutional provision for the welfare of the people, the gold must be used judiciously, wisely and fairly by the President of Ghana to reduce the suffering of the Citizens, the owners of the gold, hence the support of the good citizens of Ghana for the Gold for Oil Deal policy cannot be over-emphasized. .

The Gold for Oil Deal is an excellent idea, since it will ensure 100% of the gold from Small Scale Miners is sold to the PMMC for export of same and the repatriation of 100% of the revenue that will be accrued to Ghana. This was the very good reason that the PNDC in 1989 established the Precious Minerals Marketing Company (PMMC) with PNDC Law 219 of 1989, during the Economy Recovery Program (ERP) and the Structural Adjustment Program (SAP) launched by the PNDC with the support of the IMF/World Bank when the economy was in recession in 1985/ 1986.

So, the PNDC legalized Small Scale Mining then coined as Galamasey by the locals of the affected areas and made the PMMC as the sole exporter of gold from small scale miners as part of the legal process for the formalization of Galamasey to ensure the effective legalization of Galamasey, so that PMMC will act as a good official Market for precious minerals from the Small Scale Mining Sector. This was aimed at, among others, for checking of smuggling of gold and above all to ensure 100% repatriation of the revenue in USA Dollars to be accrued to Ghana, needed urgently for the development of the Nation .

Folks, for the Gold for Oil Deal, the revenue is to be returned to Ghana as Oil or in Dollars, whichever be the case, the value and the end results are the same , that is to achieve and maintain the good welfare of the people of Ghana and this should matter to you very much, because among others, it will help greatly in the rebooting of the economy, arrest a looting scheme created in 2016 which saw over 2.5 Billion Dollars of gold smuggled to United Arab Emirate (UAE) as reported by both the Government of UAE and the CIA of USA on anti-money laundering operation etc and may be help to reduce irresponsible mining.

As you are aware, per the laws of Ghana since 1986, Small Scale Mining is reserved for Ghanaians above 18 years; hence every matter in the Small Scale Mining Sector from the mining to exporting must be preserved for Ghanaians by the State. So the PMMC was established by the PNDC by PNDC Law 219 of 1989 immediately after the establishment of the Small Scale Gold Mining Law PNDC Law 218 of 1989 for PMMC to register only local Gold buying Agents and grant them licenses for the purchase of gold on her behalf and sell same 100% to PMMC for export of same akin to the commercial operations of COCOBOD in the cocoa industry but PMMC not permitted like COCBOD to look for syndicated loan from external sources, but the Central Bank, that is Bank of Ghana is required by the 1992 Constitution to provide support to PMMC in order to promote and support a good cause to maintain the stability of the currency of Ghana/encourage and promote economic development and the efficient use of the resources of Ghana as provided at Section(2) (a) of Article183 and Section(2)(c) of Article183 of the 1992 Constitution.

Folks, it was very wrong if not illegal for the Minerals Commission and others to fool the administration of ex-President JD Mahama or acted on his blind side in 2016,and directed the PMMC not to renew the licenses of the local gold buying Agents and denied the PMMC, its principal role or the monopoly as the sole exporter of gold from the Small Scale Mining Sector or Mining operators without mining lease. This bad act (looting scheme) by some officials of the State in 2016, paved the way for the creation and licensing of Gold Exporting Companies, which as result gave room for the participation of foreigners in a sector preserved for Ghanaians, hence the intensification of the woes of Ghana since in both the economy and environmental matters. Cry the Beloved Country (with apology to Alan Paton)

Fellow Ghanaians, besides allowing the Bullion Exporting Companies for whatever reason to retain outside Ghana about 20% of the revenue from exported gold and return 80% to Ghana, some of this Bullion Exporting Companies with their accomplices in the State Machinery had the tendency of smuggling gold. This can be confirmed by just Google for 2.5Billion Dollars’ worth of Gold smuggled from Ghana to UAE in 2016 and the arrest of a Plane with 50 million Dollars of gold in Dubai reportedly by Reuters in 2016. You may link this with the sudden taste by some of our Compatriots (Ghanaians) for the acquisition of assets (buildings etc) in Dubai etc and the growth of scams in the gold mining and financial sectors. Note that Gold production from Ghana per year is almost 6 Billion Dollars, the official record from the Ghana Chamber of Mines and Bank of Ghana is reported as about 5 Billion Dollars but Reuters claimed as 7.5 Billion Dollars in 2016.

The Small Scale Mining Sector is reported to contribute about 40% of the official Gold exported by Ghana. So you may be right to say that Ghana can get at least an additional about 1.5 Billion Dollars from the Gold for Oil Deal if and only if the wrongs in the system are effectively reversed. So with good and transparent Gold for Oil Deal, with IMF or without IMF bailout, the economy of Ghana can recover in 2023 as prophesied by me in my previous submission. So let us applaud for the Gold for Oil Deal.

it is also envisaged that this wrong act perpetuated in 2016, also fueled Small Scale Mining by direct and indirect participation of foreigners with the needed capital/funding in the Small Scale Mining Sector with the associated destruction of the environment, arable lands, Cocoa, Palm Oil and Rubber plantations as well as the destruction of private and public infrastructure (buildings, roads, railway lines, VRA power pylons etc).

Hence, the gold for oil deal is God sent beside to help reduce the hardship, it will be an attempt to reverse the likelihood of looting schemes created on the blind side of the then President of Ghana in 2016 with the establishment of the Bullion Export Companies. It will therefore restore the monopoly of PMMC in the Small Scale Mining Sector and it may contribute to the reduction of the destruction of the environment. So this Gold for Oil Deal must be welcomed by all good citizens of Ghana, and shame any person who speaks against it as a detractor of the Nation.

Furthermore, the Gold for Oil Deal affords a golden opportunity for an additional gain of 20% gold as a kind gesture from the Ghana Chamber of Mines and the associated Member Companies with lease.to help reduce the hardship in the Country as part of their Corporate Social Responsibility (CSR). Thus PMMC will export same (the additional gain of 20% gold) and ensure 100% repatriation of the revenue to be accrued from the additional gain of 20% gold from the Mining Companies with mining lease, also in the form of oil to meet the nation’s demand for oil.

Folks, so let as watch carefully persons who are refusing or failing to see the Gold for Oil Deal as a good one from God and get them to stop their pull him down (PHD) syndrome and Think Positive and Think Big to come out with good ideas to make it efficacious/transparent otherwise we see them as enemies to the State. Some of them are economists, notwithstanding their stature, they need to be educated that Central Banks globally especially under Fiat Money system are responsible for economy growth, this role which the framers of the 1992 Constitution took cognizance of, hence the Constitutional intent at Section (2)(c) of Article183 of the 1992 Constitution. The Central Bank is to help generate employment etc by using the tool of monetary policies. So Bank of Ghana involvement in acts for macroeconomic stability by the Gold for Oil Deal is sine qua non.

Folks, this is what the Central Bank of Nigeria did between 2015 and 2021 with the help of our fellow compatriot, in the person of Hon Abraham Odoom in achieving a breakthrough in the Rice production as part of food security and import substitution agenda. Also, the Federal Reserve Bank of USA, effective 2021 carried out open market operations to grow the economy of USA as well as expanding jobs. Part of our woes in the economy is the effects of the Expansionary Monetary Policy Since we depend on the USA Dollar for our taste for imported goods, which we can produce. So, beside the effects of COVID 19 pandemic, the Russia-Ukraine War and of course mismanagement of the economy by the government, the monetary policy of the Federal Reserve of USA, unfortunately, was/is a contributor factor for our economy doldrums. Our Economists, Politicians, Academia, must take note of this when narrating Ghana’s political and economy History.

Folks, Transparency is what is needed in the Gold for Oil Deal; hence we should clamor for Transparency in the Deal., It is heartwarming to note that, his excellency ex-President Mahama sees the Gold for Oil Deal as somehow a good one and as a very good seasoned Statesman he calls for transparency in the deal, which is highly commendable .

At this juncture, let me use this opportunity to thank Dr Tony Aubyn, a former CEO of the Minerals Commission/former CEO of the Ghana Chamber of Mines for embracing the Gold for Oil Deal as a good policy/idea but he also recommends transparency in the executing of the policy to reduce possible corrupt acts and ensure buy in by good citizens. This demo that he is a very clean person despite the fact that it was during his tenure as CEO of the Minerals Commission, that Officials of the Commission initiated actions among others, directed the PMMC not to renew the license of the gold buying Agents which paved way to replace them with Gold Exporting Companies, thus led to the abrogation of the monopoly of PMMC, as the exporter of gold from the Small Scale Mining Sector.

Ex-gratia and Matters on the 1992 Constitution

Fellow Ghanaians, ex-gratia by legal definition is a voluntary payment like handshake, so it is neither part of wages nor part of compensation earned or entitled by an employee, but ex-gratia is a favour payment without recognizing any legal obligation, normally done in the Corporate (Business) and other Sectors. So, like the good framers of the constitutions of other countries especially the USA, the framers of the 1992 Constitution did not sanction the payment of ex-gratia. Hence, ex-gratia is alien to the 1992 Constitution. So cancellation of ex-gratia is not in the equation and we should not be fooled by any of our Compatriot.

What are paid as mandated by the 1992 Constitution are Emoluments and gratuity/pension period and not ex-gratia repeat not ex-gratia wrongly or illegally coined during the late Mill President Mills Administration, you may read this in both the Report of the Unconstitutional Constitutional Review Commission (CRC) and the Unconstitutional Government white Paper on the report. I say unconstitutional, because it was wrong for the late President Mills to arrogate himself by usurping the powers of the Judiciary (when he constituted himself as an appellate Court and reviewed constitutional matters as in the report of the CRC. He also usurped the powers of Parliament when he used Article278 (1) for administrational matters on safety, health, security creational, alteration or merging of Regions etc of public interest and not to be used for constitutional amendments which is restrictedly provided and preserved in Article 289 to set up the CRC..

The Constitution speaks on payment of Emoluments at Article 71 and retiring awards as gratuity/pension at Article 114, The payment to especially a Member of Parliament as sanctioned by the Constitution are emoluments, defined as compensation for the employment and responsibilities as it is at Article 71 and gratuity as at Article 114 of the 1992 Constitution. Gratuity and pension are regarded as retiring awards see under interpretation page of the Constitution especially the last but one paragraph at page 183 of the mini booklet of the Constitution.

Gratuity by the Constitution as well as in the Gratuity Act in labour laws, is a onetime lump sum payment to an employee at the end of a period of employment most often 20% of total payment received. Some may term it as severance award. Ex-gratia is not interchangeable with gratuity or pension. So the framers of the Constitution avoided the use of the word ex-gratia. Emoluments and gratuity are Constitutional requirements to be paid to an employee for his labour and not a gift or tips, Emoluments and gratuity are therefore enforceable at a court of competent jurisdiction and not ex-gratia or extra or voluntary payment, hence alien to the Constitution, which is unconstitutional therefore punishable including and not limited to recovery. Article 71 was made to be an entrenched clause for a very good reason to be explained later.

Article 114 of the 1992 Constitution on the payment of gratuity to MPs is not an entrenched clause. It is curious to note that whilst the framers of the 1992 Constitution intended that a person who has served as a Member of Parliament, for a period of not less than four years shall be eligible on ceasing to be a Member of Parliament, as result of dissolution of Parliament or on his death for the payment of gratuity. But by the amendment of the Constitution in 1996, Article 114 was amended by the First Parliament of the Fourth Republic under the administration of Ex-President JJ Rawlings for the payment of Gratuity to a Member of Parliament who has served for any period of time. This may be an affront to the Constitutional intent of the framers of the 1996 Constitution and the popularity sovereignty exercised by referendum in 1992, that Gratuity should paid to a member of Parliament, for a period of not less than four years shall be eligible on ceasing to be a Member of Parliament, as result of dissolution of Parliament or on his death. This irrational amendment of Article 114 in 1996 is one of the reasons for entrenched clauses especially Article 71 to arrest avarice, irrational and acts of populisms due to whims and caprices of politicians, among other reasons.

Please let me stressed that aside a very genuine case for payment of gratuity to Members of Parliament as at Article 114 of the 1992 Constitution, the framers of the 1992 Constitution did not mention Ex-gratia and nothing in the Constitution worth or define same, because it was not and will never be considered as a Constitutional requirement approved in a referendum by popular sovereignty by the people of Ghana.

So, any payment of ex-gratia in the name of the 1992 Constitution is unconstitutional, so if people were paid ex-gratia in the name of the Constitution, then we must demand for the recovery of the money because the Constitution authorized or spelt out Emoluments at Article 71 and Gratuity at Section 4 of Article 68, Article 114 and Section 5 of Article 127 of the 1992 Constitution So those who have been peddling liars that Article 71 Office Holders were paid or are to be paid ex-gratia sanctioned by the 1992 Constitution need to revise their notes and stop creating an elephant in the room so that they can run amok with it, for cheap political gains or populism or to satisfy their paymasters that they are fighting corruption. Matters on the emoluments of Article 71 Office Holders are defended below.

Payment of Emoluments as at Article 71 of the 1992 Constitution and matters arisen

Before I expatiate further, let me reecho strongly and categorically that no ex-gratia was and is to be paid to any Article 71 Office Holders including Ex-President Mahama, so he has nothing to return to the State. My big brother is just courting for cheap popularity and should be ignored because the very good and very competent framers of the 1992 Constitution took cognizance of the likelihood of issues of incompetency and acts of populism by some people, so Article 71 and others were made as entrenched Articles to demand for critical analysis (proper risk assessment) and maximum voting threshold at referendum is required for the good cause.

So, please take judicial notice that Global/National policy or Constitutional Intent globally the adjust of cost of living for the President and other Public Policy Office Holders these are person precluded at Article 8 (2) and Article 94 (2)(a) of the 1992 Constitution for holding dual citizenship and others/same are also listed at Article 71 termed in Ghana as Article 71 Office Holders, is done once every four years before handing over to the next Administration. This is based on or borrowed Constitutional injunction or dogma from the Constitution of USA, the oldest Constitution in the World which categorically at Section 1 clause 7 of Article 2 prohibits the adjustment of the emolument of the President of the USA and that of members of Congress during the tenure of his or her Office, among other reasons to prevent either party (Executive or Parliament) from influencing the other party during the tenure in office.

So ex-President Mahama and others only received back pays’ or accumulated pay arrears being the yearly incremental adjustment of cost of living covering four years or 48 months of their tour of duty. This because, it is not permissible to adjust the pay of a President during his tenure of office. Hence, Members of the Judiciary Service of Ghana who understand legal and constitutional languages and clothed with power to interpretative same, so, through the Association of Magistrate and Judges Ghana, have categorically stated that no Superior Court Judge has been or is to be paid ex-gratia every four years. Google for ‘We are not paid ex-gratia; we only receive back pays’,

So we should not be careless by interchanging constitutional jargons like back pays’ outstanding payment or arrears or gratuity or pension with ex-gratia which has the tendency to stimulate public anger or emotion against the 1992 Constitution which must be upheld, protected, defended and preserved by all patriotic citizens without fear or favour, hence this submission. Members of Parliament are sanctioned to be paid gratuity contingent on the provisions of Article 114 of the 1992 Constitution. Reasons for the payment of gratuity to the President as at Section (4) article 68, then Members of Parliament Article 114 , the Chief Justice and Justices of Superior Courts are stated below. But note the President the Commander-in-Chief of the Armed Forces of Ghana and others like the General in the Military or Commissioner of Police otherwise the IGP retires on his or her salary with other perks .

Fellow Citizens, Emoluments are defined as compensation for the employment and responsibilities. So, Section (3) of Article 71 States that for the avoidance of doubt Salary include allowances,, facilities ,and privileges and retiring awards or benefits (pension and gratuity).. So the wise framers of the 1992 Constitution took cognizance of thee risky nature of the process of getting elected by the President and, with them especially MPs always preparing for the costly next election and the very high risks these entail in the job of the affected public Officers. Need to attract very competent, honest, hardworking etc Citizen of Ghana without dual citizenship and same from Ghanaian with dual citizenship working or living outside Ghana to renounce any dual citizenship for them to be elected or appointed or occupied Offices as Article 71 Office holders. So compensation for this must be factored by any reasonable team for the determination of the emolument.

Also, the Constitutional intent at Article 71, is to assure the financial independence of the President and the affected pubic office holders, their dignity or stature so that they are not made to be impoverished and thus susceptible to corruption which might jeopardize the public interest. Furthermore, compensation or the Salary must be adequate to maintain qualified persons, to also allow those who are independently wealth to serve in these positions if so elected or appointed.

So, Citizens of Ghana in the Corporate sector especially CEOs or MDs/Managers and Citizens of Ghana in the Academia including the Vice Chancellor of a University, persons in the Legal profession, etc could be induced to resign and renounce any dual citizenship an opt for any of the mentioned public policy Offices to contribute to the development of the Country. Above all, the emolument must be such that to retain them without resignation for a better paid job. This is the philosophy of the celebrated leader of Singapore, namely Lee Kuan Yew that the compensation for public policy holders must be very high which the framers of the 1992 Constitution borrowed in coming out with matters on the Emoluments.

The resignation of Lawyer Josephine Nkrumah as the chairperson of the NCCE, under Article 71 (Public Office Holders) for a better job in Liberia should be seen as an embarrassment or blotch in our Political history. Hence this is one of the Constitutional intent to prevent a foreign Country or organization or a wealthy person to induce our President or any of the affected Public Office holders to compromise his or her position. The alleged payment of his children school fees abroad by the then Head of State of Ghana during the era of the PNDC, and the then allegation of receipt of the unaccountable US5Million Dollars from General Abacha of Nigeria etc may be other informed reasons factored in ensuring good emolument and retiring award for MPs to arrest such acts. Hmm despite this arrangement some of politicians, some of MPs and State Officials, presidential staffers have become very rich, the source of funds for their activities. One cannot think far why expatriate were expected to pay not less than US$200,000 simply to get a sit close to the President during a function, you may Google for the story on cash for seat close to the President Nana Addo of Ghana, this story was denied but when you read it may reveal something fishy, because there was the use of a letter head by the Organizers. We may need to institute as Constitutional provision or Statutory Act to arrest corruption in the system.

So, I perceived that like the Constitution of USA, our Constitution or law should include Foreign and Domestic Emolument Clause, to prohibit Article 71 Office Holders from receiving or soliciting for any gift payment, or other thing of value from foreign State or its rulers, Officers or Representatives and to some extent from internal or domestic Institutions or persons etc. They should be made to get the approval of Parliament (Speaker) before doing so. The Kwaku Ananse, story by the celebrated economist by name Kwame Pianim that he was in the same room with the late President Mill when he refused to accept some bribe worth over million Cedis and other allegation by a Party Chairman that people were sending cash to the jubilee house instead of the Party HQ should ring bell of a lot corrupt acts in the Ghana.

Folks, I can categorically vouch that President Mahama never received any inducement from USA when he accepted the two Guantanamo Bay prisoners into Ghana, but the act without the consent of Parliament meant that there is a very lucrative possibility, for Article 71 Office Holders for policy making, or for making laws, implementation and enforcement of laws especially a President and interpretation of the Constitution/adjudicator especially Justices of cases. Since the acceptance of the prisoners, was an awkward act at the blind side of Parliament, the watchdog for monitoring and maybe regulating some activities of the Executive and the Judiciary. So the Constitutional intent is to pay the affected persons reasonably in order to prevent the affected public offices from compromising their positions.

Fellow Compatriots we need to stop acts of populism/cheap popularity and buffoonery by some of our compatriots, and educate them that the risks factors considered in the determining the compensation for a teacher during negotiating is different for that for Member of Parliament who must prepare for the next election, take care of his driver and staff, pay his car loan because by virtue of his stature he needs a cross country vehicle, pay for the fuel and servicing of the vehicle

The Teachers may be holding a dual citizenship, but the MP has to renounce it. Some of the teachers maybe his electorates/ his party delegate for his re-election or a member of his party or simply within his or her constituency. It is true that some people entering public service for reasons other than financial compensation but with the believe in making difference in the improving of the lives of the citizens but that does not mean that they should be made not to gain or to be compensated for their performances. Example, President George Washington of USA, when he was elected as the President of USA, he announced that he would forego his constitutional compensation but Congress of USA did not allow him to do so. So he was paid his salary and provided with his other entitlements and he was told that that the State is required to pay him, that is a mandatory requirement but what he does with his pay should be his cup of tea. It is for this reason that ex-President Donald Trump was forced to receive his pay as the President of USA but handed over everything 100% to charity.

Why Article 71 Office Holders are paid huge back pay

Fellow Compatriot, like the President of USA, the President of Ghana and his fellow Article 71 Office Holders, are not to receive cost of living adjustment to their pay when in office for a very good reason.. This is to prevent Parliament the approving authority for the emolument of the President to influence him or vice versa during his tenure office. It is also to check avarice (greediness). So in USA section 1 clause 7 of Article 11 of the United States’ Constitution prohibits presidential pay or compensation changes until the end of the current President. Hence, the emolument of the President of USA is determined at the end of the tenure of the sitting President, that is to say action is taken before the next president is sworn into office.

This explained the State of affairs with the time for the determination of the emoluments of Article 71 Office Holders, whose adjustment of their pay is done at the tail end of the of regime. Hence the large sum payable to Article 71 Office Holders includes salary arrears or back pay for over the 4 years of tour of duty is their Constitutional right. Any problem about it should be the argument on the quantum which is nonstarter or nonsense when you consider that the CEO of COCOBOD, an appointee of the President takes over GH80,000.00 a month thrice than that of his boss, the President, and he does nothing to ensure COCOBOD does a good job in cocoa production aside helping to ensure the yearly robbing of Peter to Paul syndrome involving the ritual cocoa syndicated loan and awarding of contracts for cocoa roads at very high cost for possible 10% reportedly as the state of affairs in the past should be what be what we need to check. The success story of China producing cocoa from massive Cocoa plantation must a very big shame, shame I repeat shame to Ghana hence COCOBOD for not able to get very huge cocoa planation in Ghana, always depending on small holder farmers since the days of Guggisburg.

Reduction of the number of Article 71 Office Holders

No one can change or alter the architecture of the Public Policy Holders in Ghana or Article 71 Office Holders, but one can play a game with the number of Ministers of State, number of justice of the Court be as directed by the Constitution. Also, the number of Ambassadors can be reduced. So one can play game with these mentioned and other areas but Constitutional Injunction prohibits altering the architecture so there shall be a Chief Justice, EC and his two Deputies etc no President can change this state of affairs

A critical thinking or logical reasoning or risk assessment of the state of affairs, will simply revealed that we can reduce the number of some public policy office holders like the number of the Ministers to not more than 35 Ministers considering the need for 16 Regional Ministers ,We can also restrict the number of Justice of the Supreme Court when vacancy is created in order not to be less than 9 or not more than 10 to reduce cost thus affecting public policy office holders who are paid emoluments as per Article 71 and retiring awards or gratuity without considering to the amend Article 71 which they framers of the 1992 Constitution made as an entrenched Clause to prevent populism and avarice/ corrupt acts etc and to ensure critical thinking before contemplating of amending it.

Hence the framers of the Constitution made it clear that there shall be not less than 10 and not more than 19 Ministers of State. Why we have more than 50 should tell the looting scheme to satisfy financiers etc. I heard a story from Joy FM by somebody that he donated GHC1Million Ghana Cedis to the Late President Mils and he was as a Minster of State.

Folks, the USA has only 15 Minsters of State designated as 15 Secretaries, So, we do not need any amendment to adhere to the maximum number of 19 Minsters of State granted by the Constitution. So we should be comfortable with 35 Minister of States including 16 Regional Ministers/Chairman of Regional Security Council/ Chairman of Regional Coordinator Council.. We need to maintain the system of Regional Ministers to be akin as Governors in USA or Nigeria.

How to reduce the government purse

Number of MPs; - The number of MPs can be reduced drastically by re-engineering or redesigning of the Constituencies to get about 100 or 140 Members of Parliament. Thanks God Article 47 is non-entrenched clause, so we can easily do something about.

Justices of Supreme Court-The framers of the 1992 Constitution provided for the Chief Justice, and not less than nine other Justices of the Supreme Court at Article 128 which they made as non-entrenched Clause. So we can reduce the national budget on by acting appropriately

Presidential Staffers The most serious elephant in the room affecting our National Budget is the Presidential Office Act 1993 (Act463) which gives the President the unlimited power to appoint all categories of Presidential Staffers without recourse to the financial implication to the State. Article 195 (1)of the Constitution to appoint persons as Public Officers contingent on the requirement stated in the Constitution. So we need to get Parliament to repeal nullify Presidential Office Act 1993 (Act463) otherwise we should provide a ceiling and not a blank cheque

ARTICLE 78 (1)- Appointment of Minister from within Parliament.

The Constitutional intent of Article 78 of the Constitutions of Ghana by the Appointment of Minister from within Parliament is based on the Nation’s Political History. The 1957, 1964, 1969 Constitutions of Ghana required Ministers of States to be appointed 100% from the Parliament. The 1979 Constitution prohibited a Member of Parliament to be both (double as) a sitting MP and Minister of State. So, a Member of Parliament must resign when he accepted to be appointed and on confirmation as a Minister of State. The pros and cons of this were considered before coming with what should be done.

The 1992 Constitution is contrary to the previous ones, the majority of the Ministers must come from Parliament as Article 78 (1). Which one may say that it also implies all the Minister can come from Parliament. It was reported that the defeat of the President’s budget in 1981 in Parliament was because no member of Parliament was a Minster of State to demo loyalty to the President and the then President‘s failure refusal to toe the party line, meet some alleged demands by some MPs especially from his Political Party may be one of the reasons considered by the framers of the 1992 Constitution to allow for the selection of Ministers from Parliament so that the Minsters, especially members of Cabinet are collectively responsible for government policies,

It is also likely to be based on studies made by the framers of the Constitution on the cost of running both the Executive and Parliament, so, the issue of reducing cost could be a reason for permitting a sitting member of Parliament to be appointed as Minister of State so that he takes the emolument of a Minster .or whichever is higher commensurate to his office

Our History has revealed that Political Parties seemed to have effective control of members of Parliament especially by electing and changing leadership of Parliament for their Party and could influence the MPs movement and voting pattern. The recent situation in the NDC with the change of the Leadership of the Minority Party and the restriction of the movement of MPs from the NDC by the General Secretary by a fiat, speaks volume that the independence of the MPs from the Executive is not absolute.

So, those making the noise that the Ministers should not come from Parliament, need to revise their notes due to the grip of the NDC on her MPs, who the Party can support for re-election or sponsor a different candidate to challenge him or her.

For the above reasons, a President as the leader of the party that is when the party is the ruling party has some great influence on the MPs, this should not be secret to a JJS pupil. So the current Constitutional arrangement as at Article 78(1) of the Constitution is the best to reduce cost since less money will be spent on Ministers who double as MPs., There are some other good lessons to be learnt from our current Hung Parliament.

.Lastly, one cardinal reason or advantage to the Nation for the appointment of Ministers from Parliament is to prevent the President from appointing so many family and friends who are not MPs as Ministers of State, hence he can employ few within (from) or without Parliament.

Best regards