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Teacher sues Education Ministry, AG, GES, NTC, CAGD over illegal deductions from PDA

Stephen Desu, a teacher employed by the Ghana Education Service (GES), has filed legal action against several government institutions, including the Attorney General, Ministry of Education, Ghana Education Service, National Teaching Council (NTC), and Controller and Accountant General’s Department.

Republic Online by Republic Online
January 23, 2025
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Teacher sues Education Ministry, AG, GES, NTC, CAGD over illegal deductions from PDA
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Stephen Desu, a teacher employed by the Ghana Education Service (GES), has filed legal action against several government institutions, including the Attorney General, Ministry of Education, Ghana Education Service, National Teaching Council (NTC), and Controller and Accountant General’s Department.

His case centres on what he describes as the illegal deduction of money from his Professional Development Allowance (PDA) without authorization.

The controversy began in August 2023, when the National Teaching Council issued a letter announcing a decision to deduct GHS 150 from teachers’ PDAs to fund training sessions.

This decision, allegedly agreed upon by teacher unions (GNAT, NAGRAT, and CCT), faced immediate backlash from Desu, who sent a formal demand notice to the Attorney General opposing the deductions.

In February 2024, the Accra High Court ruled in Desu’s favour, placing an injunction on the NTC and GES to prevent them from making further deductions from the PDA without prior Parliamentary approval.

Despite this ruling, a new deduction of GHS 200 was initiated in September 2024, purportedly based on a Collective Agreement between the Ministry of Education and teacher unions. This time, the unions bypassed the GES and partnered directly with the Ministry of Education to authorize the deduction.

However, Desu argued that the Ministry of Education does not have the authority to sign agreements on behalf of teachers, as it is not their employer. He also raised concerns about the lack of Parliamentary approval and the absence of evidence to support the existence of the alleged Collective Agreement.

Citing the Education Regulatory Bodies Act 2020 (Act 1023) and the Pre-Tertiary Education Act 2020 (Act 1049), Desu emphasized that the NTC, as a regulator, cannot act as a service provider by charging teachers fees for training. Additionally, he pointed out that GES lacks the authority to impose fees on employees without Parliamentary consent.

Desu also invoked the Right to Information law to request a copy of the Collective Agreement from the Ministry of Education. The Ministry’s refusal to provide the document further fueled suspicions about the legitimacy of the arrangement.

Desu is demanding the immediate refund of GHS 200 to all affected teachers and a cessation of any future illegal deductions. He insists that all deductions must be approved by Parliament and authorized individually by teachers.

Should the Ministry of Education and the Controller and Accountant General’s Department fail to meet his demands within 30 days, Desu plans to pursue further legal action to recover the deducted amounts.

This ongoing case highlights significant legal and procedural concerns regarding financial decisions affecting Ghanaian teachers, raising broader questions about accountability and transparency within the education sector.

Tags: AGAttorney GeneralController and Accountant-General's DepartmentGESGhana Education ServiceMinistry of EducationNational Teaching CouncilStephen Desu




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