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DAVID APASERA & 42 ORS. V. THE ATTORNEY GENERAL & ANOR.

(2022) JELR 110078 (CA)

Court of Appeal  •  H1/187/2019  •  11 May 2022  •  Ghana

Coram
Ofoe, JA. (PRESIDING) Sowah, J.A Kwofie, J.A.

Judgement

OFOE, J.A.:

Plaintiffs’ claims were for lump sum payments and accrued monthly pensions with interest thereon from January 2009, and an order directed at the defendants to pay all monthly pensions accruing from February, 2016 to date of final payment. The reliefs were premised on a purported recommendation by the Chinery Hesse Committee for Article 71 office holders between 2005 and 2008. The defendants challenged the constitutionality of the said recommendation hence this court referred the question “whether on the combined reading of the constitutional provisions i.e. Articles 71 (3), 98 (1), 114 and 295 it was constitutional for the Chinery Hesse Committee to have recommended payment of pension to the plaintiffs.”

The Supreme Court in a Ruling dated 3rd December, 2020 has answered the question as follows:

“That on the combined reading of Articles 71 (3), 98 (1) 114 and 295 of the 1992 constitution, it was unconstitutional for the Chinery Hesse Committee to have recommended payment of p…

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