YAKUBU vs. ATTORNEY-GENERAL AND OTHERS [1994]DLSC865

Date	1994-07-19
Suit No.
Citation No.	[1994]DLSC865

ABBAN JSC

AMUA-SEKYI JSC

AIKINS JSC

HAYFRON-BENJAMIN JSC

AMPIAH JSC

JOE ADDAE-ABOAGYE FOR THE PLAINTIFF.

MARTIN AMIDU DEPUTY ATTORNEY-GENERAL (WITH HIM MRS ADUSA-AMANKUAH CHIEF STATE ATTORNEY AND M N AFRIFA-GYASI PRINCIPAL STATE ATTORNEY) FOR THE DEFENDANTS.

[1994]DLSC865
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">YAKUBU<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ATTORNEY-GENERAL AND OTHERS<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p>[1993-94] 1 GLR 307<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>COUNSEL:<o:p></o:p>JOE ADDAE-ABOAGYE FOR THE PLAINTIFF.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

MARTIN AMIDU, DEPUTY ATTORNEY-GENERAL (WITH HIM MRS
ADUSA-AMANKUAH, CHIEF STATE ATTORNEY AND M N AFRIFA-GYASI, PRINCIPAL STATE
ATTORNEY) FOR THE DEFENDANTS. <o:p></o:p>

ABBAN, AMUA-SEKYI, AIKINS, HAYFRON-BENJAMIN AND AMPIAH JJSC<o:p></o:p>

</div>JUDGMENT OF AMPIAH JSC.<o:p></o:p>The plaintiff was appointed a district magistrate, grade 1 in
1967. On 1 November 1976 he was promoted to the circuit court bench. He was
appointed an Acting High Court judge while he was still a circuit judge on 18
August 1986 with effect from 8 July 1986. He acted in this position until 18
September 1990 when by a warrant of appointment dated 16 May 1991 he was
elevated as a substantive High Court judge. In or about March 1993 he was
retired from the Judicial Service having attained the compulsory retiring age
of 65.<o:p></o:p>As part of his conditions of service, he was provided with a
furnished accommodation and a chauffeur-driven car, among other facilities, for
his free and personal use. Upon his retirement, the Chief Justice requested him
to vacate his bungalow and release the car for use by a serving judge. He
vacated his bungalow but released the car under a strong protest. He contended
that he was entitled to the use of the car upon his retirement as part of the
facilities and privileges he was entitled to under the Constitution, 1992. He
contended further that the period for which he acted as a High Court judge
should be included in the calculation of his service as a substantive High
Court judge to qualify him for his retirement benefits or awards under article
155(1) and (2) of the Constitution, 1992. He contended further that in
computing his pension, the salary must not only be the salary he was entitled
to immediately before proceeding on retirement with the necessary changes and
increases as that of a serving justice of the High Court, but must also include
all the allowances, facilities and privileges he was enjoying while in the
service.<o:p></o:p>The Controller and Accountant-General, the third defendant herein,
who has the responsibility of computing the retiring entitlements of the
plaintiff could not agree with the plaintiff. The plaintiff has therefore taken
this action for:<o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-left:.75in;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-pagination:none;mso-list:l1 level1 lfo3;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(a).&nbsp; “a declaration that on
retirement the plaintiff shall be paid a pension which was equal to the salary
he was entitled to immediately before proceeding on retirement in March 1993
with the necessary changes and increases as the salary of a serving justice of
the superior court of judicature; <o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-left:.75in;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-pagination:none;mso-list:l1 level1 lfo3;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(b).&nbsp; a declaration that the
computation of the plaintiff’s gratuity be calculated on the basis of the
plaintiff’s last gross salary or enhanced consolidated salary before proceeding
on retirement; <o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-left:.75in;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-pagination:none;mso-list:l1 level1 lfo3;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(c).&nbsp; a declaration that the
computation of the plaintiff’s pension payable shall be the same salary as if
the plaintiff were on the bench or alternatively with changes and increases as
the salary of a sitting justice of the superior court of judicature; <o:p></o:p><p class="MsoNormalCxSpMiddle" style="margin-left:.75in;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-pagination:none;mso-list:l1 level1 lfo3;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(d). a declaration that the
plaintiff is entitled to enjoy all the allowances and facilities under articles
71(3) and 155(2) of the Constitution, 1992; and <o:p></o:p>