DR. DATE-BAH JSC
Asuman-Adu J. has, pursuant to Article 130 of the 1992 Constitution, referred the following issue to the Supreme Court for determination:
“Whether in view of Articles 1(2), 12(1) and 24(3) and (4) of the 1992 Constitution of the Republic of Ghana, the application of PNDC Law 125 of 1985 to the retrenchment exercise in 1993 to 1994 by the defendant was unconstitutional and for that matter void”.
On 5th March, 2013, this Court unanimously answered this question in the affirmative and indicated that its reasons for this decision would be filed later. Accordingly, there is set out below the said reasons.
The context for the determination of the issue referred is as follows. The issue stated by the learned High Court judge has arisen from two consolidated suits involving former employees of the Ghana Cocoa Board. The plaintiffs in one of the suits have claimed the following relief:
“Payment of balances due them in respect of their being declared redundant between 1993-1…