Mr. Stephen Desu, a teacher employed by the Ghana Education Service, has dragged the Ministry of Education to the law court in a Stephen Desu vs. Ministry of Education suit. The plaintiff, Stephen Desu, is challenging the legality of the deduction of money effected from his Professional Development Allowance (PDA).
The said deduction was made by the Ministry of Education, GES, and other involved parties without proper authorization or approval. The plaintiff is seeking a full refund of the deduction from his salary. He is also seeking a full refund for all teachers who suffered the deduction.
Stephen Desu vr Ministry of Education: Key Issues, Key Legal Concerns, Plea and
The Issue: Stephen Desu, a teacher employed by the Ghana Education Service (GES), is challenging the illegal deduction of money from his Professional Development Allowance (PDA). This deduction was carried out by the Ministry of Education, GES, and other involved parties without proper authorization or approval.
Background:
1. In August 2023, the National Teaching Council (NTC) sent out a letter stating that teacher unions (GNAT, NAGRAT, and CCT) had agreed with GES and NTC to deduct 150 GHS from teachers’ PDA for three training sessions.
2. Stephen Desu protested this decision by sending a “Demand Notice and Notice of Intention to Sue” to the Attorney General.
Court Ruling
3. Desu later sued the Attorney General, NTC, and GES over the deductions.
4. In February 2024, the Accra High Court placed an injunction on NTC and GES, preventing them from deducting money from the PDA of teachers without Parliamentary approval.
New Illegal Deductions
5. Despite the injunction on the previous PDA deduction attempt:
Teacher unions (GNAT, NAGRAT, and CCT) took a different approach and bypassed GES, the employer. They partnered with the Ministry of Education to deduct 200 GHS from teachers’ PDAs in September 2024 for training again.
They claimed this was based on a collective agreement signed with the Ministry of Education.
6. Stephen Desu challenged this action, arguing:
The Ministry of Education is not the employer of teachers, so it cannot sign a binding agreement with teacher unions.
No parliamentary approval was sought, making the deduction illegal.
There is no evidence of the supposed Collective Agreement.
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Key Legal Concerns
7. Stephen Desu highlighted several legal breaches:
NTC is a regulator (referee) and not a service provider (Player), so it cannot charge teachers fees for training under the Education
Regulatory Bodies Act 2020 (Act 1023).
GES is not authorized under the Pre-Tertiary Education Act 2020 (Act 1049) to provide training services to employees and/or collect fees without Parliamentary approval.
8. When Desu requested a copy of the supposed Collective Agreement through the Right to Information law, the Ministry of Education refused to provide it, raising doubts about its existence.
Desu is demanding the following:
A refund of 200 GHS to all affected teachers, including himself.
That the Ministry of Education and the Controller and Accountant General’s Department stop any future illegal deductions from teachers’ PDAs.
Deductions must have parliamentary approval and be authorised by teachers individually.
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Legal Action
If the demands are not met within 30 days, Desu intends to take the Ministry of Education and the Controller and Accountant General’s Department to court to recover the illegal deductions.
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