Kor Vrs Attorney General and Another [2016] GHASC 71 (10 March 2016)

Kor Vrs Attorney General and Another [2016] GHASC 71 (10 March 2016)

The President is constitutionally empowered to determine the emoluments of Superior Court Judges on the recommendations of a Committee appointed with the advice of the Council of State, but is not inflexibly bound by those recommendations and may vary them within reasonable bounds. The formula for calculating gratuity applies to all Superior Court Judges retiring after 7th January 2009, based on their total period of service as judges. The Plaintiff's action is dismissed.

Citation
[2016] GHASC 71
Parties
Plaintiff: Emmanuel Noble Kor; 1st Defendant: The Attorney General; 2nd Defendant: Justice Isaac Delali Duose
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
10 March 2016
Procedural Posture
Constitutional Petition / Judgment
Outcome
Plaintiff's action dismissed
Legal Topics
Judicial Remuneration, Presidential Powers, Interpretation of Constitution, Judicial Independence
Source Language
English
Constitutional Law Administrative Law Judicial Remuneration Presidential Powers Interpretation of Constitution Judicial Independence

Case Brief

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Parties

Emmanuel Noble Kor

Plaintiff

The Attorney General

1st Defendant

Justice Isaac Delali Duose

2nd Defendant

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the Plaintiff has properly invoked the jurisdiction of the Supreme Court
  2. 2 Whether the suit raises issues of constitutional interpretation and/or enforcement
  3. 3 Whether the President must determine Superior Court Judges' emoluments in accordance with the advice of the Council of State

Ratio Decidendi

The President is constitutionally empowered to determine the emoluments of Superior Court Judges on the recommendations of a Committee appointed with the advice of the Council of State, but is not inflexibly bound by those recommendations and may vary them within reasonable bounds. The formula for calculating gratuity applies to all Superior Court Judges retiring after 7th January 2009, based on their total period of service as judges. The Plaintiff's action is dismissed.

Court Disposition

Plaintiff's action dismissed