David Apasera & 42 Others Vrs The Attorney General [2023] GHACA 44 (11 May 2023)

David Apasera & 42 Others Vrs The Attorney General [2023] GHACA 44 (11 May 2023)

The Supreme Court determined that the Chinery Hesse Committee's recommendation for payment of pension to the plaintiffs was unconstitutional, and the Court of Appeal dismissed the appeal as being without merit in line with this determination.

Citation
[2023] GHACA 44
Parties
Plaintiffs/appellants: David Apasera & 42 Others; Defendant/respondent: Attorney General; Defendant/respondent: Ministry of Finance
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
11 May 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Article 71 Office Holders, Pension Entitlements, Constitutionality of Recommendations
Source Language
English
Constitutional Law Pensions Law Article 71 Office Holders Pension Entitlements Constitutionality of Recommendations

Case Brief

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Parties

David Apasera & 42 Others

Plaintiffs/appellants

Attorney General

Defendant/respondent

Ministry of Finance

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Chinery Hesse Committee's recommendation for payment of pension to the plaintiffs was constitutional under Articles 71(3), 98(1), 114 and 295 of the 1992 Constitution

Ratio Decidendi

The Supreme Court determined that the Chinery Hesse Committee's recommendation for payment of pension to the plaintiffs was unconstitutional, and the Court of Appeal dismissed the appeal as being without merit in line with this determination.

Court Disposition

Appeal dismissed

Orders

  • Appeal filed on 12th October 2018 against the judgment of the High Court dated 26th July 2018 is dismissed as being without merit.