Togbe Afede and Ex-Gratia Saga: Pual Adom-Otchere’s full analysis of his letter and constitutional provisions

Paul Adom-Otchere
Paul Adom-Otchere

The Agbogbomefia of the Asogli State, Togbe Afede XIV has refunded to the State a colossal amount of money paid into his account as Ex Gratia for serving as a Council of State Member from 2017 to 2020.

Togbe explained that, on March 4, 2022, he made the refund into the Controller & Accountant General’s Department Suspense Account at the Bank of Ghana

The former President of the National House of Chiefs explained that, he does not think his work merited the payment to him of a colossal sum of GH¢365,392.67 as Ex Gratia in addition to the salary he had enjoyed from what was effectively a part-time job.


My rejection of Ex Gratia was consistent with my general abhorrence – Togbe Afede


Togbe Afede finally stated point blank that, his rejection of the payment was consistent with his general abhorrence of the payment of huge Ex Gratia and other outrageous benefits to people who have by their own volition offered to serve our poor country.

In a letter, he said, in as much he did not think the payment was made to trap him, as is being speculated, he believe it was paid to everybody who served in the Council of State. However, he [Togbe Afede] thought that extra payment was inappropriate for a short, effectively part-time work, for which he received a monthly salary and was entitled to privileges. So, he was uncomfortable with it.

But, providing a full analysis of Togbe Afede’s letter and provisions of Article 71 and Article 89 of the 1992 constitution, the host of Metro TV’s Good Evening Ghana Paul Adom-Otchere said, the refund of Togbe Afede’s Ex Gratia to the State is inappropriate and must celebrated.

Togbe Afede refunds GH¢365,392.67 Ex-gratia for serving as a member of Council of State

The return of ex-gratia cash by Togbe Afede generated sufficient traction on social media among political classes and a section of Ghanaians.

In this editorial, Paul Adom-Otchere has digested on “Touchscreen”  analysis of Togbe Afede’s letter, the constitutional provisions that back them and philosophy behind those provisions.

Paul Adom-Otchere of Good Evening Ghana also showed the Council of State’s worked and record that Togbe Afede did not attend an overwhelming majority of the meeting within the 4 years.

Council of State Members from 2017 to 2020 who received over GH¢365K as Ex Gratia

He conclude that the Controller and Accountant-General’s should return the money to Togbe Afede.

He said it’s not true that, the Revered Chief of Agbogbomefia did participate fully in the Council of State meetings as he speculated in his letter.

He backed his explanation with Article 71 and 89 of the 1992 constitution on the position taken by Togbe Afede.

In Article 71(2) of the 1992 constitution – Determination of certain emoluments, “The salaries and allowances payable, and the facilities available, to the President, the Vice-President, the chairman and the other members of the Council of State; Ministers of State and Deputy Ministers, being expenditure charged on the Consolidated Fund, shall be determined by Parliament
on the recommendations of the committee referred to in clause (1) of this article.”

In addition to that, Article 72 (3) said, “For the purposes of this article, and except as otherwise provided in this Constitution, “salaries” includes allowances, facilities and privileges and retiring benefits or awards.”

Meanwhile, Articles 89 (7) – Council of State explained that, “The Chairman and members of the Council of State shall be entitled to such allowances and privileges
as may be determined in accordance with article 71 of this Constitution.”




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