Ex gratia not abolished; CRC focused on holistic reforms – Charlotte Osei

Charlotte Kesson-Smith Osei, a member of the Constitution Review Committee (CRC), has explained why the committee did not make a definitive recommendation to abolish ex gratia payments in its recently presented report.

Speaking on the handling of Article 71 of the 1992 Constitution, which governs public emoluments, Ms. Osei said the CRC recognised the long-standing debate around ex gratia payments but opted for a broader, systemic approach rather than outright abolition.

“It is not just a matter of picking one aspect and saying ‘scrap it.’ When you remove an existing arrangement, what replaces it? We were very mindful not to create problems while trying to solve existing problems. If we do not have the expertise to set emoluments ourselves, it is logical to leave that to the experts,” she said.

The committee proposed the creation of a single Public Emoluments Commission, absorbing the functions of the Fair Wages and Salaries Commission, to ensure fairness, transparency, and consistency in public sector pay.

“This issue has appeared in every previous report. We decided to adopt a holistic approach through a one-stop Public Emoluments Commission. This allows us to address ex gratia payments and other concerns in a fair and comprehensive manner, rather than simply abolishing arrangements without providing a practical alternative,” Ms. Osei explained.

She added that the framework aims to streamline public pay administration and reduce recurrent controversies surrounding ex gratia payments during electoral cycles.

The CRC formally presented its report on Monday, December 22, 2025. Committee Chair Professor Henry Kwasi Prempeh highlighted that the proposals also seek to amend Article 62(b) of the 1992 Constitution to remove age-related restrictions, broaden political participation, and align leadership eligibility with Ghana’s youthful population.

Established by President John Dramani Mahama in January 2025, the CRC comprises legal and governance experts including Justice Sophia Adinyira, Charlotte Osei, Professor Kwame Karikari, Dr. Godwin Djokoto, Ibrahim Tanko Amadu, Dr. Esi Ansah, and Secretary Dr. Rainer Akumperigeya.

The committee’s mandate focuses on addressing gaps from previous constitutional reviews, with the goal of modernizing Ghana’s governance framework.