Apesera and Others Vrs The Attorney General and Another [2020] GHASC 67 (3 December 2020)

Apesera and Others Vrs The Attorney General and Another [2020] GHASC 67 (3 December 2020)

The Constitution provides only gratuity, not pension, as a retiring award for Members of Parliament under Article 114(1); the Chinery Hesse Committee exceeded its authority by recommending pension, which is inconsistent with Article 114(1).

Citation
Apesera and Others Vrs The Attorney General and Another [2020] GHASC 67 (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 / Supreme Court Judgment
Outcome
Recommendation of pension by the Chinery Hesse Committee for Members of Parliament declared unconstitutional.
Legal Topics
Interpretation of Article 71, Retiring Awards for Members of Parliament, Committee Mandate Under Article 71
Source Language
eng
Constitutional Law Public Service Law Interpretation of Article 71 Retiring Awards for Members of Parliament Committee Mandate Under Article 71

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 / Supreme Court 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

Ratio Decidendi

The Constitution provides only gratuity, not pension, as a retiring award for Members of Parliament under Article 114(1); the Chinery Hesse Committee exceeded its authority by recommending pension, which is inconsistent with Article 114(1).

Court Disposition

Recommendation of pension by the Chinery Hesse Committee for Members of Parliament declared unconstitutional.

Orders

  • Only gratuity is payable to former Members of Parliament under Article 114(1).
  • No pension payments to plaintiffs.