Chief Justice nominee’s claim that judges don’t get ex gratia false – Prof Azar explains

Lawyer and KPMG Professor of Accounting at the University of Florida Stephen Kwaku Asare( alias Kwaku Azar) has debunked assertions by Chief Justice nominee Gertrude Torkonoo that judges do not receive ex gratia payments as is the case of other workers captured in Article 71 of the 1992 Constitution.

Answering a question on the controversial payment of ex gratia, Her Ladyship Gertrude Torkonoo emphasized judges do not go have the repetitive cycle that others have that entitles them to the payments.

“I think that consistently the Association of Judges and Magistrates have responded to the question of ex-gratia for judges; and made it very clear that judges don’t receive ex-gratia. We continue in the office. We don’t go anywhere until we retire. We don’t have a cycle. And therefore, the discussion of ex-gratia is not at all applicable to us,” she explained.

But Prof Kwaku Asare has vehemently disagreed, explaining that judges have been receiving and continue to receive ex gratia just like other privileged article 71 workers.

“SC judges retire on the current salary of SC judges.

In addition, they receive ex gratia (gratuity) equal to 3 months’ salary for each year on the SC, 2 months’ salary for each year on the Court of Appeal, and one month’s salary for each year on the high court,” he wrote.

The issue of ex gratia continues to cause controversy with non article 71 workers decrying the payment as discriminatory.

Read Prof Asare’s full statement below:

SC judges retire on the current salary of SC judges.

In addition, they receive ex gratia (gratuity) equal to 3 months salary for each year on the SC, 2 months’ salary for each year on the Court of Appeal, and one month salary for each year on the high court.

So let’s assume a SC judge currently earns ₵40k a month.

He’d receive this amount, adjusted for any future increases in the salary of serving members, for life. That is his pension.

But on retirement, he’d also receive a one time payment as gratuity. Consider Justice Anin Yeboah who served on the HC for 1 year, CoA for 5 years, and SC for 15 years.

His ex gratia is 45 (3×15) months salary for his service on the SC; 10 months salary for his service on the CoA; and 1 month salary for his service on the HC.

So in total 40,000 x 56 = ₵2,240,000 in ex gratia.

This does not prejudice their other benefits in the form of cars, protocols, health, etc.

So ignore completely the claim by the CJ nominee that judges do not receive ex gratia. They do.

Note that GOGO will scrap all monetary payments for ex gratia and replace them with a certificate of appreciation.

Note also that such a certificate is entirely consistent with Article 71. In fact, because ex gratia is a “tip,” it’s supposed to be de minimis not the boondoggle that the Professor Dis and Dat Committees have turned it into.

SALL is the cardinal sin of the 8th Parliament.

Da Yie!

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