NDC MP sues Railway Development CEO over post-retirement contract

The National Democratic Congress (NDC) MP contests that the CEO of the Authority has exceeded the maximum five-year engagement period stipulated by the Constitution, as granted to him by President Akufo-Addo.

He contends that Ernest Yao Owusu is not entitled to the purported one-year post-retirement contract extension spanning from December 18, 2023, to December 17, 2024.

The MP is seeking a declaration that, as per Article 199(4) of the Constitution, a public servant may only be engaged for a maximum of two years at a time, not exceeding five years in total, if necessary for service exigencies.

He is also seeking a declaration that, according to Article 199(4) of the Constitution, a retired public service officer can only be granted a maximum of five years post-retirement contract, in periods not exceeding two years each.

Additionally, he wants a declaration that the CEO is not entitled to the one-year post-retirement contract extension, having exhausted the maximum five-year engagement period stipulated by the Constitution.

The MP further demands an order to revoke the one-year post-retirement contract extension granted to the CEO by the President of Ghana.

To support his case, the MP highlights that the CEO received a further two-year post-retirement contract effective from December 16, 2021, to December 15, 2023, as Chief Executive Officer of the Authority, as per a letter dated December 15, 2021, signed by the Secretary to the President, Nana Bediatuo Asante.

Additionally, he mentions a letter from the Ministry of Finance, dated August 5, 2022, and signed by Hon. Abena Osei Asare, which referenced the 2022 Budget Statement and Economic Policy, suspending approval for Post-Retirement Contract Appointments, except in cases where the retiring officer’s skills are in short supply and unavoidably needed.