[2018]DLSC218 • February 28, 2018 • Supreme Court •
JUSTICE EDWARD BOATENG vs. THE JUDICIAL SECRETARY, THE JUDICIAL SERVICE AND THE ATTORNEY-GENERAL
The plaintiff, Justice Edward Boateng, was interdicted while serving as a Justice of the Superior Court following criminal charges involving dishonesty. He retired on 31 December 2011 without impeachment but was subsequently convicted on 19 July 2013. The case concerns the legality of his interdiction and entitlement to pension and gratuity post-retirement despite conviction.
read moreJUDGMENT GBADEGBE JSC: We have before us in the exercise of our jurisdiction under article (2) of the Constitution, a reference calling for the interpretation mainly of article 140 (10) (b) of the constitution and a related provision concerning the entitlement of superior court judges to pension in terms of article 155 (1). We wish to note at the outset that although the ruling by which our reference jurisdiction has been invoked specifies in the concluding paragraph only the issue relating to the true meaning of article 146(10) (b) of the constitution there is an implied invitation to us to pronounce on the true meaning of article 155 of the Constitution as well. In our opinion, as the interpretation of provisions of the constitution belongs exclusively to this court, it is important that once we discern from the process by which our jurisdiction under clause 2 of article 130 is invoked that some other provision of the Constitution though not specifically mentioned in the o...