It’s Not A Crime To Receive Double Salary – Ayine Defends NDC MPs After Amidu Outburst

Former deputy attorney general, Dominic Ayine says no law in the country frowns upon double salaries.

According to him, the law has made provision for reversal of overpaid salaries because it recognises that people can be overpaid.

His comment comes at the back of allegations by former special prosecutor, Martin Amidu that President Akufo-Addo halted the prosecution of some NDC lawmakers who had received double salaries in exchange for his minister-nominees to be approved.

However, Dr Ayine says the police cannot arrest any employee who has been overpaid and prosecute that person unless it is established that stealing has actually taken place.

“This is a matter of an employer overpaying an employee. Even in the private sector it happens, where the account department miscalculate the remuneration that is due to a person. None of the persons against whom the allegation has been made actively took any step to get paid the double salary,” he told 3fm.

“Secondly, none of them was in the position to approve payment for them either by way of getting vouchers or signing off that payment be made. Ministers don’t have that power, the principal spending officers of any ministry, department and agency are the chief directors and so ministers were never involved in anyway in approving their salaries.”

“This is a matter that under the Public Financial Management Act and its regulations as well as the former Financial Administration Act and its regulation, there are provisions for recovery of overpayments of emoluments to public officers, it is not a crime.

“If for instance somebody who works in the environmental protection agency or someone who works in a public service commission has been overpaid the Police cannot arrest that person and begin to talk about prosecuting them for stealing. For stealing to take place you, must have dishonestly appropriated something that did not belong to you. Where is the dishonest appropriation if someone paid it to you and you, as an employee, spend the money without knowing that this is an overpayment?”