Apasera & 42 Others Vrs The Attorney-general & Anor [2020] GHASC 73 (3 December 2020)

Apasera & 42 Others Vrs The Attorney-general & Anor [2020] GHASC 73 (3 December 2020)

The Constitution specifically provides only for gratuity, not pension, for Members of Parliament upon cessation of membership. Article 114(1) limits retiring awards to gratuity, and the CHC exceeded its constitutional mandate by recommending pension payments, which is inconsistent with Article 114(1).

Citation
Apasera & 42 Others Vrs The Attorney-general & Anor [2020] GHASC 73 (3 December 2020)
Parties
Plaintiffs/appellants: David Apasera & 42 Others; Defendant/respondent: The Attorney-General; Defendant/respondent: Ministry of Finance
Court
ghasc
Jurisdiction
Ghana
Judgment Date
3 December 2020
Procedural Posture
Constitutional Reference / Final Judgment
Outcome
recommendation of pension by CHC declared unconstitutional
Legal Topics
Emoluments of Public Officials, Retiring Awards, Interpretation of Constitutional Provisions, Powers of Presidential Committees
Source Language
eng
Constitutional Law Public Service Law Emoluments of Public Officials Retiring Awards Interpretation of Constitutional Provisions Powers of Presidential Committees

Case Brief

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Parties

David Apasera & 42 Others

Plaintiffs/appellants

The Attorney-General

Defendant/respondent

Ministry of Finance

Defendant/respondent

Procedural Posture

Constitutional Reference / Final Judgment

Legal Issues

  1. 1 Whether the Chinery Hesse Committee acted constitutionally in recommending pension payments to former Members of Parliament under Articles 71(3), 98(1), 114 and 295 of the 1992 Constitution

Ratio Decidendi

The Constitution specifically provides only for gratuity, not pension, for Members of Parliament upon cessation of membership. Article 114(1) limits retiring awards to gratuity, and the CHC exceeded its constitutional mandate by recommending pension payments, which is inconsistent with Article 114(1).

Court Disposition

recommendation of pension by CHC declared unconstitutional

Orders

  • It was unconstitutional for the Chinery Hesse Committee to recommend payment of pension to the plaintiffs.