Retired Supreme Court judge Justice Jones Dotse has dispelled reports that judges are among Article 71 office holders who take ex gratia.
He said having retired from active service, he has not been a beneficiary of such emolument.
Speaking at the 6th Annual Nathan Quao Lectures in Accra on Thursday, September 28, Justice Dotse (rtd) said it is political office holders who are beneficiaries of the ex gratia as enshrined in the 1992 Constitution.
“We do not take ex gratia,” he insisted. “I want to make that thing clear. We do not take ex gratia because we have permanence. We stay in office until the stated day of retirement.
“So, for example, I have been a judge from the High Court up to Supreme Court. I spent a little over 21 years and somebody can stay in the Electoral Commission for close to 20 years, 15 years before he can retire at 65 because Electoral Commissioners retire at 70 and their deputies at 75
“So, we must get that thing clear, it is the political office holders under Article 71 who because they come for fixed periods of four years take ex gratia and I don’t know the basis for that. It is in the constitution anyway.”
The matter of ex gratia has become a crucial subject of political debate.
Former President John Dramani Mahama has hinted at scrapping it entirely from being enjoyed when he returns to power.
However, law experts say from its entrenched position, that provision will be difficult to be expunged from the constitution.
“Scrapping ex gratia will be very difficult,” law lecturer Justice Abdulai once stated on TV3.