Presidency flouting constitution

...Offering contracts to over 65-yr-olds

While the youth are desperately searching for jobs, persons above the age of 65 are using the presidency to illegally secure contracts to remain at post at Ministries, Departments and Agencies (MDAs), as well as other public institutions.

This clearly violates article 191, section 1 of the 1992 Republic of Ghana Constitution, which reads: “A public officer shall, except as otherwise provided in this Constitution, retire from the public service on attaining the age of sixty years.”

The Constitution also provides that retired public servants whose services are critically needed by the state qualify for contract extension up to age 65.

The Finder can report that people above 65 years are working in several MMDAs on contract.

The presidency has been accused of abusing its authority with the re-engagement of public servants above 65 years.

Documents in the possession of The Finder indicates that some people above 65 years write to the Executive Secretary to the President for contract extension instead of the Head of Civil Service, who is mandated to so.

The Executive Secretary to the President then writes to the Head of Civil Service to extend contracts for such people, a clear violation of the 1992 Constitution.

For example, in the documents, Dr Raymond Atuguba, Executive Secretary to the President in a letter dated November 3, 2014 said: “His Excellency the President has approved a one-year contract extension in favour of two Chief Directors (names withheld for now).

The contract extension for one of the Chief Directors will commence from February 16, 2015 and expire on February 15, 2016.

The letter was copied to the Chief of Staff, Chairman of Public Services Commission and the Head of Civil Service.

This is a clear disregard for the 1992 Constitution because the said Chief Director would be 65 years by February 16, 2015 and therefore should not be offered contract extension under the law.

The other Chief Director has also been offered contract extension from November 25, 2014 to November 24, 2015 even though he turns 65 years this month.

This offer of contracts flies in the face of the law as those requiring contract extensions are to write to the Head of Civil Service, who has been mandated to execute that duty, and not the presidency. In addition, persons aged 65 years do not qualify for contract extension.

These contract appointments from the Flagstaff House is said to be angering many career officers in state establishments, as they view this as impeding the chances of injecting fresh ideas into the running of these institutions.

The Auditor General’s report on the Public Account of Ghana for the year ended December 31, 2010 indicates that there were over 600 government workers aged between 60 and 110 years who were still on the Ghana government’s payroll.

Most of the public officers on contract after retiring at age 60 are mainly in the state security apparatus; namely the Ghana Armed Forces (GAF); the Ghana Police Service (GPS); the Ghana Immigration Service; Customs, Excise and Preventive Service (CEPS); and the Ghana National Fire Service (GNFS).