Ex-Foreign Service official granted judgement debt payment after death

A former Foreign Affairs official did not live to enjoy the retirement benefit he had pursued for over 18 years, leaving his family to benefit from a GH¢54,514.13 judgement debt payment as ordered by the Fast Track High Court.

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The ex-official, Hubert Kofi Doh, retired in 1987 as a worker of the Ministry of Foreign Affairs but his retirement benefit was not paid.

A Chief State Attorney at the Attorney-General’s Office, Mrs Dorothy Afriyie Ansah, told the Judgement Debt Commission at its sitting yesterday that Mr Doh had written a number of letters to follow up on the payment of his retirement benefit over the years.

She said Mr Doh, apart from his retirement benefit, had also claimed the ministry owed him $3,229.20 before his retirement and some deductions of 7,850 Egyptian pounds, US$640 and CFA250.955.

“He petitioned the Commission for Human Rights and Administrative Justice (CHRAJ) where a decision was taken that he should be paid his benefit,” Mrs Ansah said.

The commission also heard that the decision of CHRAJ was not enforced and so it proceeded to the High Court and while the case was ongoing, the Attorney- General decided on an out-of-court settlement

But before the money was paid, the man died.

Allegations

The Chief Director of the Ministry of Foreign Affairs, Mr Leslie Kojo Christian, told the commission that although the decision to pay the retirement benefit was made in 2005, payment was effected in 2007.

Highlighting why the entitlement was not paid, Mr Christian alleged that Mr Doh had made some unauthorised payments, including an overpayment of US$640 when he was serving in Egypt and CFA205.955 for the printing of travelling certificates while he was in Cote d’Ivoire.  

When the lead counsel for the commission, Mr Kofi Dometi Sokpor, indicated that the Controller and Accountant-General had cleared Mr Doh of the unauthorised payments, the chief director admitted that the ministry “could be blamed partly for the delay in effecting the payment of the entitlement”.

He said the ministry had currently put in place mechanisms to avert such delays, including referring such cases to the Legal Unit and setting up an Audit Report Implementation Unit.

Show of Power 

The Judgement Debt Commissioner, Mr Justice Yaw Apau, pointed out that “some of these lapses are as a result of arrogance and show of power by government officials. If the money had been paid earlier, the government would not have had to cough up such huge amount of money”.

He stated that such public officials “do not guard against leakages in the public system”, adding that “public officers who are identified as the causes of drain must be brought to book”.

Ghana Police 

A legal officer representing the Inspector General of Police also appeared before the commission in a case in which GH¢24,000 was paid as judgement debt to one Mr Michael Teye Boateng.

The commission heard that a complainant, Mr Teye Kwesi, had alleged in 2003 that Mr Boateng had robbed him of his vehicle. 

Subsequently, the police arrested the suspect and he was incarcerated for a period of time, which was not made known to the commission, while his vehicle was impounded.

After a while, the suspect was released without any charge but his vehicle was not released to him and it was left to rot at the police station.

The legal officer said Mr Boateng later claimed payment for the vehicle and damages for non-use of his vehicle.

He could not provide any documented evidence on the case to the commission, explaining that even though the police confirmed the case, the time lapse had rendered the document irretrievable.

He said the only docket on the case was forwarded to the Attorney-General’s office for its advice, but after several years no decision was taken on the case.

To that, Justice Apau noted that the police could not be blamed for their inaction, as it was rather the Attorney General who failed to advise the police to either release the car or not. 

writer’s email: emelia.ennin@graphic.com.gh

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