Ghana in Honesty Crisis - Part Two

Last year, I visited honesty’s abode on the arms of an article - “Ghana in Honesty Crisis,” Part One (ghanaweb.com August 18, 2022). It was a desolate habitat, meagrely populated, but I found Mr Isaac Kwasi Ackon, the taxi driver who returned 8000 GH cedis to a woman who left it in his taxi. I also met admirably-condemned Torgbi Afede, the Agborgbormefia of the Asorgli state whose moral might persuaded him to return his ex-gratia entitlement to the state.

This is the part two of the article that seeks not to only praise Togbi Afede but pray this didactic spirit possesses majority of the more than thirty million Ghanaians.

In recent times, former President John Mahama, perhaps, the third honest man and Torgbui Afede, seems to be croaking alike about this ex-gratia “pest.” It seems the ex-gratia sighs of Ghanaians has become his sigh too. Perhaps, the storms of economic hardship pelting Ghanaians is eating them up too. As Torgbi Afede returned his to the state, sending a strong protest message, John Mahama promised to deal it a hefty coup d’ grace. He announced abolishing it in his acceptance speech after his recent historical win of 98.9 percent votes in the presidential primaries of the National Democratic Congress. In fact, we are watching how it will be when the electoral battle is fought and won or not in 2024.

The choice of Torgbi Afede to return his ex-gratia package to the state ruffled elitist feathers and triggered powerful arguments and counter opinions. The act silently but resolutely condemned the ruling class, the so-called article 71 state officers. They as members of the ‘article 71 cult’ resemble nothing but a greedy pride of lions aggressively feeding the blood of less powerful animals.

Torgbi Afede stated “I was very uncomfortable with it,” and described the Counsel of State service as a part-time job for which he received monthly payments and other anonymous privileges. By this gesture, Togbi loudly screamed his rejection and general abhorrence of the payment of the huge ex-gratia and other outrageous benefits to people who by their own volition offered to serve our richly-poor country. (citinewsroom.com June 7, 2022 by Edna Agnes Boakye).

The contents of the article 71 of the 1992 Constitution and the porous processes of its implementation is really provoking considering undeservingly-suffering Ghanaians who struggle daily to feed themselves and their dependants. It is for this reason, I see it as a “woe-wooing clause,” re-routing borrowed resources into the pockets of the elites. It creates a model of one society, two emolument systems with bizarre contrasts against ordinary citizens. The deviant Article 71 defined an irritating class pyramid of individuals having legalised opportunity of drawing huge sums of moneys, expensive possessions from an exhausted state coffers in the name of serving the state. Those taking cool shelters under these entrenched “cargo clause” and those with questionably demented and primitive property-owning leanings may find it a deserved right. However, it has been the tax payer’s de-utopia who are granted paltry, crumbs and pitiable end of service “drawback” than end of service “benefits” under the unsympathetic and cruel Social Security and National Insurance Trust (SSNIT).

Just take a look, a weepy look maybe, at the sad state of an 85-year-old Christian Blukoo, whose monthly pension is currently 47 GH cedis after serving as the body guard of Dr. Kwame Nkrumah, the first president of the republic. According to Joy Fm documentary, (aired September 28, 2022, https://www.youtube.com/watch?v=OZViBzJL-rw ). Mr Blukoo who is now blind and live in lamentably miserable state had to wait, sometimes, months before his 47 GH cedis is given him. His appeal for an increase in the allowance failed. What a cruel system the elites have created and hedged with irrational laws that do not worry, care or think about the welfare of ordinary Ghanaians?

Ghana leaders hardly enforce their laws, if they do, then they are only chasing a small pathetic “fly,” who perhaps, unleashed his frustration on a failed president with a little insult and was remanded in custody and handed harsh legal lashes. However, the fidelity to article 71 and its dutiful application is mostly surprising. In parliament, such matters are considered by what they call the committee of the whole whilst the media is barred from the chambers. On the blind and deaf side of our political actors, this legalised class system is silently bleeding the state coffers and also breeding an awful security risk that could explode into mass revolt against the ruler class if this is not reviewed.

Let’s compare Mr Blukoo’s 47 GH cedis and the millions of Ghanaian workers under the SSNIT pension scheme to one article 71 holder perhaps, the President after 4 years of service. On the eve of the last day of the third parliament in 2009, the house approved “two furnished houses, six chauffeur-driven cars, a tax-free payment linked to time served in office as well as money for entertainment and foreign travel” (Reuters January 19, 2009) for each former president. The former presidents according to the Chinery-Hesse Committee report would receive a non-taxable ex-gratia equivalent to 12 months consolidated salary for each year of service in office provided the president served a term of four years. A two-term president receives an additional non-taxable resettlement grant of six months consolidated salary for each four years of service, (Ghana Business News January 19, 2009).

President Kufuor, a beneficiary of these large largesse at the sun-set of his presidency also hatched a costly desire of awarding himself a golden sash and a group of elites in the Ghanaian society. Whilst we praised him for his short-lived free maternal care policy that took cost off poverty-yoked parents, history would have judged him appreciatively if the 1.4 million dollars he used for the award ( https://www.voanews.com/a/a-13-2008-07-15-voa3/405266.html ) was spent to solve the no-bed-burden at least at Kole-Bu, Ghana’s biggest referral hospital. Just imagine how contented Ghanaians will sing the praise of John Kufuor, if our mothers deliver our ‘futures’ and are whisked into wards strewn with softly therapeutic beds and their babies lying relaxingly beside them?

Law tutors will always hinder our frustrations with endurance with the advice that the article 71 is a legal and constitutional matter and until the law is changed, it must apply. Those sticking to this coercive command despite its in-equitability belongs to the positivist jurisprudence who are proponents of strict application of the law. To them, the law must be applied the way it is created. Positivists care less about the prevailing circumstances in society ( https://iep.utm.edu/legalpos/ ). They could also be linked to Immanuel Kant followers who argued that it is the moral duty of every citizen to obey laws whether the laws are just or unjust. Though this is not written in any code of laws, Kant insists it must be followed by conscious choice ( https://studycorgi.com/law-and-morality-relationship-kant-vs-fuller/ ). Mr Paul Adom Otchere, host of Good Evening Ghana on Metro TV might be a breed of the positivists when he called on the Accountant General to return the 365,392.67 GH cedis to Torgbi Afede. This is because that is what the law says. However, he de-breeds from the positivists stock in his forceful effort to suggest that Togbi Afede did not attend “an overwhelming majority of the meetings within the 4 years” (Modern Ghana June 10, 2022) https://www.modernghana.com/news/1163707/paul-adom-otchere-vs-togbe-afede-paul-reloads.html . If truly he failed to attend meetings a greater number of times, Torgbi Afede’s honesty is demonstrably fantastic to have returned the money knowing well he did not deserve it. On the other hand, if Paul’s allegations about him were false, then Togbi belong to the crop of many Ghanaians who feel the shadowy economic outlook of Ghana as mismanaged by the NPP government does not warrant such payments to a few privileged persons.

Vexed Torgbi Afede and many Ghanaians about the heartless enforcement of the article 71 belong to the moralist’s camp in jurisprudence. The motivation of the moralist is mainly “common good,” to the greater majority of the citizens. As a school of thought, with strong utilitarian orientation, they hold the view that political, legal, economic, social or cultural etc. decisions must lead to the greatest amount of good for the greatest amount of people. Greek philosopher, Plato might reduce the “common good” concept to mere metaphysical ideal of state governance. However, Aristotle, whom I largely agree with, views the concept as having a more modern and tangible ideals of material benefits to citizens ( https://www.lawteacher.net/free-law-essays/jurisprudence/laws-relation-to-morality.php ). There is no way one can argue successfully that positivists or moralist views of the law are right or wrong and one position in law must be followed with dogmatic delight. A blend of the two with “cautionary discretion” from our leaders can lead Ghana to good ends. Good leaders through efficient dialogue with relevant stake holders fish best options on behalf of the masses. If our leaders are citizen-focus in resource allocation, they would not have borrowed to pay ex-gratia.

As the call to have this law discarded is gaining grounds, Ghanaians must be “eyes-wide” since smart politicians could perforate tightly-wider holes in the law to their advantage in their effort to cure the wrongs of the article 71.

Togbi Afede and Isaac Ackon must be celebrated and emulated in all our engagements at workplaces, home, church, community for a better Ghana we all crave to have, where every stomach that sleeps must have good food for good sleep. A better Ghana where every sleep is reposed in fortified shelters against flood and brigands with modestly-decent dresses to cover the skin. Then when death visits, we could afford low-costs shrouds and coffins to see off our dead.

Emmanuel kpeglah