DAVID APASERA & 42 OTHERS vs. THE ATTORNEY-GENERAL& MINISTRY OF FINANCE

JUDGMENT BY GBADEGBE, JSC:- The question presented for our decision in this case as set out in the order of reference from the Court of Appeal dated 10th day of June 2020 is in short as follows: “Whether on the combined reading of the constitutional provisions, we have alluded to and referred to by the parties, i.e. Articles 71(3), 98(1), 114 and 295, it was constitutional for the CHC to have recommended payment of pension to the plaintiffs? “ Although the order of reference did not fully indicate what is meant by CHC, a fair reading of the ruling of the Court of Appeal under which the order of reference was made under Article 130(2) of the 1992 Constitution informs us that it is an acronym for the Chinery Hesse Committee. That was a committee set up by the President in the exercise of his powers to determine the “salaries and allowances payable and the facilities, and privileges available,” to designated public officials under Article 71 of the Constitution. The facts on ...