[2016]DLSC2838 • May 26, 2016 • Supreme Court •
HISLORDSHIP JUSTICE PAUL UUTER DERY AND HIS LORDSHIP JUSTICE GILBERT AYISI ADDO vs. THE JUDICIAL COUNCIL, THE HONOURABLE CHIEF JUSTICE OF GHANA AND THE ATTORNEY GENERAL
The plaintiffs, two Justices of the Superior Court of Ghana, were placed on half salary and had their allowances (except rent) stopped by the Judicial Council during disciplinary proceedings. The 1st plaintiff was on administrative leave and resumed duty, while the 2nd plaintiff was suspended. The plaintiffs challenged the constitutionality of these salary and allowance reductions, asserting they violated Article 127(5) of the 1992 Constitution which protects judicial officers' conditions of service from being varied to their disadvantage.
read moreANSAH JSC. Whereas the 1st plaintiff is a citizen of Ghana and a High Court Judge who proceeded on an administrative leave and has just resumed sitting as a judge, the 2nd plaintiff is also a citizen of Ghana and a Justice of the High Court of Ghana but currently is under suspension; both plaintiffs bring this action to invoke the original jurisdiction of this court by issuing a writ under article 130 (1) (a) and 2 (1) (a) of the 1992 constitution for reliefs; they together filed an amended writ of summons on 28/01/16, for the following reliefs, namely: a) A declaration that the decision of the 1st defendant on 16th December 2015, which is contained in letters dated 8th and 11th January, 2016, purporting to place the plaintiffs on “half salary with immediate effect”, is inconsistent with and in contravention of Article 127(5) of the 1992 Constitution and therefore unconstitutional, null and void. On 26th April, 2016, this court struck out the 3rd, 4th, 5th and 6th defendant...