Former Auditor-General Victimized�

Having rendered invaluable services to the nation � from 1 July, 1987 (as Deputy Attorney-General); 12 April, 2001 to 29 January, 2003 (as the Acting Auditor-General), and later confirmed as the substantive Auditor-General (a position he held until 2010) � Mr. Edward Dua Agyeman, has resorted to the court of law to battle over his retirement benefits. In response to a letter he wrote to the Chief of Staff, Office of the late President John Evans Atta Mills, Dr. Valerie E. Sawyerr, Deputy Chief of Staff - who signed a letter on behalf of the Chief of Staff dated 18 October, 2010 - stated, �Following the confirmation that Mr. Edward Dua Agyeman, former Auditor-General, was a political appointee and not a career staff of the Audit Service or any other public service and therefore not qualified for retirement benefits as provided in the Greenstreet Report; it has been decided that he should be paid the End-of-Service Benefits (ESB) applicable to political appointees i.e. three months� salary for every completed year of service or part thereof. He is not to be paid pension since he is not qualified to receive it.� A subsequent letter dated 30 November, 2010, and signed by Dr. Valerie E. Sawyerr, read in part, �Approval has been given for the release of an amount of Seventy-Two Thousand, Six Hundred and Forty-Nine Ghana Cedis, Thirty-Three Pesewas (GH�72,649.33) for the payment of End-of-Service Benefits (ESB) to Mr. Edward Dua Agyeman, a retired Auditor-General.� After acknowledging receipt of the Deputy Chief of Staff�s 18 October letter, and not satisfied with the claim by her (Deputy Chief of Staff), Mr. Dua Agyeman asserted in another letter, �However, I would like to state that upon my appointment as the Auditor-General of Ghana, it was expressly stated in my appointment letter that I �will be entitled to gratuity and pension as may be determined by the President on the recommendations of a committee appointed by the President, acting in accordance with the advice of the Council State.�� Mr. Dua Agyeman, being resentful about the response by Dr. Sawyerr, wrote in a letter dated, 5 April, 2011, �I have thoroughly researched the 1992 Constitution, the Audit Service Act, 2000 (Act 584) and other laws governing the appointment in the public service, but I have not come across it anywhere that the office of the Auditor-General is a political appointment. Equally, it is not stated anywhere that to be appointed as the Auditor-General of Ghana, one must be a �career staff of the Audit Service or any other public service.� Indeed, the term �career staff of the Audit Service� is alien to the 1992 Constitution and the Audit Service Act: the two main laws governing the office of the Auditor-General.� He therefore, requested the Chief of Staff to reconsider his decision and pay him his pension �as is being paid to my predecessor who was appointed under the same provisions of Article 70(1) of the 1992 Constitution.� In spite of the persistent requests for the payment of his retirement benefits, the National Democratic Congress (NDC) government has not heeded to them (requests). The former Auditor-General has consequently taken the matter to court for redress. In a statement of claim prepared by Akufo-Addo, Prempeh & Co. for and on behalf of Mr. Dua Agyeman, dated 15 June, 2012, the latter (Plaintiff) avers that ��by a letter dated the 5th day of May, 2003 signed by the then Minister of Finance and Economic Planning, full details of the terms and conditions attached to Plaintiff�s position were duly provided Plaintiff and same included �gratuity and pension as may be determined by the President, acting in accordance with the advice of the Council of State.�� The statement claimed that Mr. Edward Dua Agyeman had made various requests to the government for a reconsideration of the view that he was a political appointee and therefore not entitled to gratuity and pension, �erroneous as it is, but all have fallen on deaf ears, with the government adamant on paying to Plaintiff End-of-Service Benefits�. It indicated further that the holder of the position of the Auditor-General is not a political appointee since the Audit Service forms part of the public service of Ghana and the office of the Auditor-General is also a public office �Plaintiff says that the Chinery Hesse Committee Report was presented to His Excellency the President and same took effect whilst Plaintiff was in office. Upon Plaintiff�s retirement, he is thus entitled to enjoy the facilities made available thereunder,� the statement maintained. Reliefs being sought include a declaration that Plaintiff is entitled to the payment of gratuity and pension in accordance with the recommendations of the Reports on a Review of Facilities and Privileges for Article 71 Office Holders in 2008 (the �Chinery Hesse Report) with interest at the prevailing rate; an order for the payment of a monthly pension (after 15 June, 2012) equivalent to Plaintiff�s salary as adjusted from time to time �in accordance with the salary of the Auditor-General at post � which is equivalent to that of a Justice of the Court of Appeal (as is being paid to Plaintiff�s predecessor) .� The solicitors prayed the court for the provision of one free chauffeur-driven vehicle with associated expenses to be borne by the Plaintiff and a declaration that any review of the conditions of pension payable to a former holder of the position of Auditor-General, as will be determined by the report of any Presidential Committee on Emoluments of Article 71 Office Holders, is applicable to Plaintiff. Mr. Dua Agyeman is also claiming damages and costs.