Legal News

Kow Abaka Essuman: Ghana Finance Ministry Faces Arrears Ultimatum

Ghana·Briefly Analysis⏱️ 4 min read

Summary

  • Former Presidential Legal Counsel Kow Abaka Essuman has issued an ultimatum to the Ghana Ministry of Finance for unpaid salary arrears and terminal benefits.
  • He demands payment by September 11, 2026, threatening legal action against the State if the deadline is missed.
  • The claim, supported by Vint & Aletheia Attorneys & Consultants, is based on entitlements for Article 71 officeholders under the Presidential (Transition) Act, 2012 (Act 845).
  • Mr. Essuman's lawyers assert that the over 20-month delay and non-payment are discriminatory, as other officials from the same period have received their dues.
  • The demand includes interest on the outstanding amount from January 7, 2025, at the prevailing commercial bank rate.

Ultimatum Issued to Ghana Finance Ministry

This case highlights the legal avenues available for former public officials in Ghana to claim unpaid entitlements, particularly under the Presidential (Transition) Act, 2012 (Act 845), and signals potential litigation risks for the Ministry of Finance regarding compliance with statutory payment obligations for Article 71 officeholders.

Kow Abaka Essuman, who previously served as Legal Counsel to President Nana Addo Dankwa Akufo-Addo, has delivered a firm ultimatum to the Ghana Ministry of Finance (MoF). Through his legal representatives, Vint & Aletheia Attorneys & Consultants, Mr. Essuman is demanding the payment of outstanding salary arrears and terminal benefits, setting a deadline of September 11, 2026. Failure to meet this deadline will result in the initiation of legal proceedings against the State.

Mr. Essuman's lawyers formally communicated this demand in a letter dated September 8, 2026, addressed to Finance Minister Dr. Cassiel Ato Forson. The communication highlights that Mr. Essuman has endured a delay of more than 20 months in receiving his due entitlements. The demand specifically includes the immediate settlement of salary arrears, terminal benefits, and accrued interest. Mr. Essuman held the position of Legal Counsel to President Akufo-Addo from January 8, 2021, until January 7, 2025, and additionally served as Acting Secretary to the President starting in October 2024.

Legal Basis and Unpaid Entitlements

The claim for payment is rooted in specific entitlements associated with Mr. Essuman's former roles. According to his legal team, these include a consolidated salary equivalent to four months for every completed year of service or any part thereof, an installation grant equal to one month's salary, and a resettlement grant also equivalent to one month's salary for each year or fraction of a year served. These provisions are asserted to be in line with the terms of his appointment.

The lawyers have cited the Presidential (Transition) Act, 2012 (Act 845), as the legal framework underpinning their client's demand. This Act mandates that salaries, allowances, and retiring benefits due to Article 71 officeholders must be disbursed without undue delay. A key point of contention raised by the legal team is the alleged discriminatory treatment of their client; they claim that while other public officials who served during the same period have received their salary arrears and terminal benefits, Mr. Essuman and other former Presidential Staffers have inexplicably remained unpaid. This continued withholding of entitlements is characterized by his lawyers as "arbitrary, discriminatory, unfair and unlawful."

Implications and Potential Litigation Risks

This case highlights the legal avenues available for former public officials in Ghana to claim unpaid entitlements, particularly under the Presidential (Transition) Act, 2012 (Act 845), and signals potential litigation risks for the Ministry of Finance regarding compliance with statutory payment obligations for Article 71 officeholders. Mr. Essuman's legal team is not only seeking the principal amounts but also demanding interest on the outstanding sum, calculated from January 7, 2025, until the date of full payment, at the prevailing commercial bank rate.

Prior to issuing this formal ultimatum, Mr. Essuman had reportedly made multiple administrative representations to the relevant authorities in an attempt to resolve the matter amicably. However, these efforts proved unsuccessful, leading to the current legal posture. Should the Ghana Ministry of Finance fail to meet the September 11, 2026, deadline, Vint & Aletheia Attorneys & Consultants have explicit instructions from Mr. Essuman to commence legal proceedings against the State to recover the full outstanding amount, along with the demanded interest and associated legal costs.

Practical Implications

This case highlights the legal avenues available for former public officials in Ghana to claim unpaid entitlements, particularly under the Presidential (Transition) Act, 2012 (Act 845), and signals potential litigation risks for the Ministry of Finance regarding compliance with statutory payment obligations for Article 71 officeholders.

Source

Source: Original reporting via Ghanaian Times.

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