Ato Forson Petitioned to CHRAJ over Alleged Biased Ex-Gratia Payments

The Minister for Finance, Dr. Cassiel Ato Baah Forson, has been reported to the Commission for Human Rights and Administrative Justice (CHRAJ) over allegations of discriminatory and conflicted handling of ex-gratia payments to Article 71 officeholders.

The petition was filed by Wilberforce Asare, a Ghanaian citizen and broadcast journalist, who accuses the Finance Minister of authorising ex-gratia payments to the Speaker and Members of Parliament, including himself, while allegedly excluding individuals who served in the executive arm of government, the Judiciary, and the Council of State.

According to the complainant, Dr. Forson’s actions amount to conflict of interest, discrimination, unfair administrative conduct, and abuse of discretionary power, in breach of several provisions of the 1992 Constitution.

Basis of CHRAJ’s Jurisdiction

In a petition dated December 19, and addressed to the Commissioner of CHRAJ, Joseph Akanjolenur Whittal, Mr. Asare argued that the matter falls squarely within the Commission’s constitutional mandate.

He cited Article 287(1) of the Constitution, which requires allegations of non-compliance with constitutional provisions by public officers to be investigated by CHRAJ, unless the officer admits the breach in writing.

The complaint also relied on Article 218(a) and (e), which empowers CHRAJ to investigate allegations of corruption, abuse of power, unfair treatment, and administrative injustice by public officers.

Allegations Against the Finance Minister

Mr. Asare explained that his complaint arose from an investigation he initiated in October 2025 into the payment of end-of-service benefits under Article 71.

Correspondence from Parliament, signed by the Clerk of Parliament, Ebenezer Ahumah Djietror, reportedly confirmed that the Speaker and Members of Parliament received approved salary and ex-gratia payments in two tranches — May 2025 and July 2025 — covering the period from January 2021 to January 2025.

The complainant argued that this confirmation demonstrates that funds were approved, released, and fully paid to Parliament, while other equally entitled Article 71 officeholders remain unpaid.

Conflict of Interest Claim

Central to the petition is the claim that Dr. Forson, as a sitting Member of Parliament, directly benefited from the payments he authorised as Finance Minister.

Citing Article 284 of the Constitution, which prohibits public officers from placing themselves in positions where personal interests conflict with official duties, the complainant argued that the Minister prioritised payments to Parliament — including himself — over other constitutional officeholders.

He further stated that the alleged conflict is worsened by the continued non-payment of former members of the Executive, Judiciary, and Council of State, whose emoluments were approved during the same parliamentary process.

Reliefs Sought

Mr. Asare has asked CHRAJ to:

• Investigate Dr. Forson’s conduct under Articles 17, 23, 284, and 296 of the Constitution
• Make findings of constitutional violations where established
• Take appropriate action under Article 287(2)
• Issue directives necessary to restore constitutional compliance and administrative fairness

The complaint places the spotlight on the management of Article 71 emoluments and raises broader questions about equity, transparency, and conflict of interest in the handling of public funds.