[2016]DLSC2832June 23, 2016Supreme Court

JUDICIAL SERVICE STAFF ASSOCIATION OF GHANA vs. THE ATTORNEY-GENERAL, THE NATIONAL PENSION REGULATORY AUTHORITY AND FAIR WAGES AND SALARIES COMMISSION

MAJORITY OPINION DOTSE JSC: CAPACITY OF PLAINTIFF AND RELIEFS CLAIMED The plaintiff has instituted the instant action as a corporate citizen of Ghana pursuant to article 2 (1) of the Constitution 1992 for the benefit of its members, whose pension rights guaranteed by the Constitution 1992, are allegedly being infringed upon by the Defendants. Additionally, the plaintiff states that, in so far as some of the reliefs it seeks against the defendants, go beyond the immediate confines of its members, (who are to a large extent the non-bench members of the Judicial Service) the plaintiff should be deemed to have commenced the action as a matter of public interest also pursuant to article 2 (1) of the Constitution 1992. In that respect, the plaintiff is deemed to be seeking to enforce the pension rights of the Judges of the Superior Court of Judicature and also of the lower court, who by the nature of their profession cannot pursue their own grievances through the court’s system whil.....