[2016]DLSC2864 • March 10, 2016 • Supreme Court •
EMMANUEL NOBLE KOR vs. THE ATTORNEY GENERAL AND JUSTICE ISAAC DELALI DUOSE
The President of Ghana approved the implementation of a report on the emoluments of Superior Court Judges with a variation on gratuity calculation. The plaintiff challenged the President's power to vary the report. The second defendant, a retired Court of Appeal Judge, was joined due to a related action. The defendants contended that Article 71 of the Constitution is clear and does not raise interpretation or enforcement issues within the Supreme Court's original jurisdiction.
read moreATUGUBA JSC THE FACTS The facts of this case are that, by letter dated the 4th day of January 2013, signed by the Chief of Staff on his behalf the President of Ghana, His Excellency, John Dramani Mahama approved the implementation of the report of the Professor Marian Ewurama Addy Presidential Committee on the emoluments of the Superior Court Judges, subject to a variation that “Gratuity shall be calculated as four months consolidated salary for each year (or fraction thereof) served”. The Plaintiff by his writ challenges the power of the President to vary the said report. The second defendant, Justice Isaac Delali Duose, a retired Court of Appeal Judge, having initiated an action in the High Court for reliefs relating to this same matter was on his application, joined to this suit as the 2nd defendant. Both defendants, inter alia, contend that article 71 is clear and unambiguous and therefore raises neither an interpretation or enforcement issue within the original jurisdicti...