‘Judges Don’t Receive Ex-gratia’ – Chief Justice Nominee Clarifies

Justice Gertrude Araba Esaaba Torkornoo , Chief Justice nominee,  says the judiciary does not enjoy ex-gratia payments.

According to her, judges do not have term of office and work until retirement and for that matter, they are not entitled to ex-gratia.

Appearing before the Appointments Committee of Parliament on Friday, May 26, Justice Torkornoo said the salaries and benefits of judges are determined by a presidential committee.

“I think that consistently the Association of Judges and Magistrates have responded to questions on ex-gratia for judges and made it very clear that judges don’t receive ex-gratia.

“We continue in office, we don’t leave office until you retire. We don’t have a cycle, and therefore, the discussion of ex-gratia is not applicable to us.

“This specific provision, where our names [judges] are mentioned, how our salaries are set under Article 71, it’s a committee, a presidential committee that does that work. And the framers of the Constitution thought that, that was the appropriate thing to keep us independent and we are not the only persons subject to it. It’s an entrenched provision and can only be changed by a very elaborate position.

The flagbearer of the opposition National Democratic Congress (NDC), John Mahama, has recently promised to cancel ex-gratia to political appointees should he be elected.

Speaking at the University of Development Studies, Tamale on Monday, May 15, he asked Ghanaians to hold him to his promise.

“I am committed to operating an effective government with not more than sixty (60) ministers.

“These ministers together with other appointees of the government will not be entitled to ex-gratia payments after their tenure, as they will commit to that undertaking even before the necessary constitutional amendments, including a review of the controversial Article 71.”

Listen to Justice Gertrude in the audio below: