The Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has filed a suit against the Chief Executive Officer of the Railway Development Authority challenging the extension of his post-retirement contract.
Dafeamekpor asserts that the CEO of the Authority has exhausted the maximum five (5) years engagement period provided by the Constitution, given to him by President Akufo-Addo.
He argues that Ernest Yao Owusu is not entitled to the purported one-year post-retirement contract extension, which spans 18th December 2023 to 17th December 2024.
The MP is demanding, amongst other reliefs, an order revoking the one-year post-retirement contract extension.
“1. A declaration that upon a true and proper interpretation of Article 199(4) of the 1992 Constitution as Amended by the Constitution of the Republic of Ghana (Amendment) Act, 1996, a public servant may only be engaged for a limited period of not more than two (2) years at a time but not exceeding five years in all on the condition that the exigencies of the service so require.
2. A declaration that upon a true and proper interpretation of Article 199(4) of the 1992 Constitution as Amended by the Constitution of the Republic of Ghana (Amendment) Act, 1996, a retired public service officer can only be given a maximum of five (5) years post-retirement contract for a limited period of not more than two (2) years at a time.
3. A declaration that upon a true and proper interpretation of Article 199(4) of the 1992 Constitution as Amended by the Constitution of the Republic of Ghana (Amendment) Act, 1996, the 10 Defendant is not entitled to the purported one-year post-retirement contract extension dated the 10th day of October, 2023 effective 18th December, 2023 to 17th December, 2024 given to the 10 Defendant by the President of the Republic of Ghana as he has exhausted the maximum five (5) years engagement period provided by the Constitution.
4. An order revoking the one-year post-retirement contract extension dated the 10th day of October, 2023 effective 18th December, 2023 to 17th December, 2024 given to the 10 Defendant by the President of the Republic Ghana. To continue in the position as Chief Executive Officer of the 2nd Defendant.”
The other reliefs inlcude:
“4.4. My Lords, the 1st Defendant was given a further two-years post-retirement contract effective 16th December, 2021 to 15th December, 2023 as Chief-Executive Officer of the 2nd Defendant Authority by a letter dated 15th December, 2021 signed by the Secretary to the President, Nana Bediatuo Asante, by the President. (Attached and Marked as ‘Exhibit RND 1’ is the letter granting the la Defendant a two-year extension as the Chief-Executive Officer of the 2nd Defendant Authority)
4.5. My Lords, by a letter issued by the Ministry of Finance, signed by Hon Abena-Osei Asare and dated 5th August, 2022, reference was made to the 2022 Budget Statement and Economic Policy at Paragraph 324, which stated that “Government has, with immediate effect, suspended the granting of approval for Post-Retirement Contract Appointments, except in cases where the skills of the retiring officer are in short supply and unavoidably needed”.
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