Yamson
Committee rejects Chinery Hesse Report
By Masahudu Ankiilu Kunateh, Ghanadot
Accra, July 21, Ghanadot - The
Ishmael Yamson Committee (IYC), which was instituted by the
President of Ghana, Professor John Evans Atta Mills to
review the Chinery Hesse Committee report on emoluments for
ex-presidents, has rejected the report submitted to the
President Atta Mills by the latter committee.
According to the IYC, it discovered that there were actually
two different reports - one submitted in June 2008 and the
other in December 2008. And
said that
it could not also establish "which of
these two reports was purportedly approved by ex-President
John Agyekum Kufuor and the then Parliament".
It noted further that in spite of that, neither of the two
alleged "Final" reports was signed by any of the three
Committee Members, even though Mr Fred Oware did sign a
letter of transmittal that accompanied the June 2008 "Final"
Report.
The IYC noted that it was deeply worried by the fact that
there were two versions of the then Chief of Staff, Mr
Kwadwo Mpiani's letter of December 30, 2008 purporting to
transmit the President's approval of the CHC reports to
Parliament and called for a thorough investigation into that
conduct to establish the authenticity of the two versions of
the "Final" reports.
It explained that such investigation was "necessary to
preserve the integrity of Executive communication with
Parliament and possibly other institutions.
It has therefore, rejected the CHC Report as the basis for
determining the facilities and privileges of members of the
immediate past administration and Parliament.
It would be recalled that on March 31, 2009; President Atta
Mills, in the discharge of his constitutional duties,
appointed a five-member committee, under Article 71 of the
1992 Constitution, to revisit the issue of determining the
salaries and allowances, as well as facilities and
privileges, for specified constitutional office holders.
The committee had Mr Ishmael Yamson as its chairman, with
Mrs Helen K. Lokko, Prof Takyiwaa Manuh, Dr Sulley Gariba
and Mr Dennis K.Y. Vormawor as members.
It was "to make recommendations in respect of the emoluments
and other facilities and privileges to the holders of the
offices specified in Article 71 of the 1992 Constitution and
to examine any other relevant matters which the committee
considers appropriate".
During it investigations, the IYC said it established that
at the time of submission of the so-called December 2008
"Final" Report, the three-member CHC had long disintegrated.
It noted that the Chairman, Mrs Chinery-Hesse, had resigned
as Chairperson of the CHC when she was appointed Special
Advisor to ex president Kufuor, while the second member Mr
Alhassan Andani, had worked with the CHC for less than two
months left for South Africa and had little to do with the
work of the committee, after which he was appointed Chief
Executive of Stanbic Bank Limited.
The report said the third member, Mr Fred Oware left the CHC
to concentrate on his new full-time job as Chief Executive
of the Bui Dam Authority.
"Consequently, the IYC could not establish the authorship of
the reports which differed in very material particulars. The
IYC could especially not determine which of the two
''Final'' reports was purportedly approved by the
ex-President and by Parliament," it noted.
Furthermore, although the then Parliament and ex-President
Kufuor insisted that constitutionally prescribed approvals
were given to the recommendations of the CHC for office
holders under Article 71 of the 1992 Constitution, the IYC
noted some serious infractions.
The IYC revealed that by a letter dated January 6, 2009 and
signed by the Clerk of Parliament (Mr Emmanuel Anyimadu) and
addressed to the then Chief of staff, Mr Kwadwo Mpiani,
Parliament was purported to have conveyed approval for the
CHC Report to the Presidency.
"Parliament's letter purporting to convey approval for the
entire CHC Report went contrary to its constitutional
mandate. Article 71 of the 1992 requires Parliament to
determine the facilities and privileges of Article 71 (2)
office holders, namely, the President, the Vice-President,
the chairman and other members of the Council of State;
ministers and deputy ministers of state," the report said.
It argued, however, that that mandate did not extend to
Article 71 (1) office holders, which include the Speaker,
the deputy speakers; Members of Parliament, the Chief
Justice, among others.
The report said further that although more than one "Final"
Report was received by the Executive (that is, the
Presidency), no mention was made of the particular report
being approved, adding that the two reports contained
significant differences, they were not signed and also the
December 2008 report was not covered by a transmittal
letter.
According to the report, both the President and Parliament
did not give approvals, as they were mandated to do by the
Constitution, stressing that "on the contrary, both the
President and Parliament sought to approve the emoluments
applicable to all persons listed under Article 71 of the
Constitution.
Ghanadot
