Legislative instruments do not have retrospective effect, Mahama explains in response to those who want him to give an ex gratia refund after he promised to cancel the payment. He says once a law is passed, it has no bearing on what happened in the past.
The president is responsible for the executive, so he can cancel it for the executive. But then you have to persuade the other arms of government to see that it is not fair to continue to pay ourselves ex gratia when the ordinary worker is not getting it," Mr Mahama said in response to critics while addressing supporters in the Volta Region on Saturday, March 4.
I have therefore stated unequivocally that we will stop the ex gratia.
Then a lawyer who should know better said: “Then I should refund all the ex-gratia we have taken before to show Ghanaians that yes, we are serious about stopping it. He doesn't even know the principle in our constitution that says you can't legislate retrospectively, if you legislate today, it doesn't affect what happened in the past. What he is saying is a bit silly because it's like saying because we have introduced free SHS, we should all go to school.”
This shows how absurd his claims are.
Martin Kepbu, a private lawyer, had earlier said that it made sense to demand the return of the ex-gratia payment after he had declared that he would withdraw it if he won the forthcoming presidential election.
Mr Kepbu urged Mr Mahama to return all the money given to him as a sign of commitment.