BIMPONG-BUTA V. GENERAL LEGAL COUNCIL AND OTHERS

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- The Supreme Court held it lacked original jurisdiction under articles 2(1) and 130(1) of the 1992 Constitution, as the plaintiff’s claims (concerning retirement age and employment rights) raised no real issues of constitutional interpreta

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Judges:AKUFFO JSC, BADDOO JSC, TWUM JSC, KLUDZE JSC, DATE-BAH JSC

Counsel:SAM OKUDZETO (WITH HIM K AGBELI MENSA N A O AMEGATCHER CECIL ADADEVOH MRS MAANAA APPEA N A BRUCE-THOMPSON K ANOKYE GYIMAH MRS V BARTH AND MISS A ABAIDOO) FOR THE PLAINTIFF; HON AMBROSE DERY DEPUTY ATTORNEY-GENERAL (WITH HIM C KUWORNU STATE ATTORNEY) FOR THE FIRST AND FOURTH DEFENDANTS.,CHARLES HAYIBOR FOR THE SECOND DEFENDANT.,THIRD DEFENDANT IN PERSON.

AKUFFO JSC.

The plaintiff brought this action to invoke the original jurisdiction of this court under article 2(1) and (2) of the Constitution, 1992 claiming seven reliefs which may be summed up as follows:

(1). “a declaration that on a true and proper interpretation of section 8(1) and (7) of the transitional provisions of the Constitution, 1992 before the coming into force of the Constitution, 1992 the plaintiff, who was transferred from the Council for Law Reporting to the General Legal Council on his appointment as the Director of Legal Education, had the accrued right, by the combined effect of section 8(1)(c) of the Interpretation Act, 1960 (CA 4), and sections 5 and 7 of the Legal Service Law, 1993 (PNDCL 320), to retire at the age of 65;

(2). a declaration that the plaintiff, who was at the time of the coming into force of the Constitution, 1992 the Director of Legal Education/Director of the Ghana School of Law (hereinafter referred to as the Director of Legal Education), is ent…

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BIMPONG-BUTA
V.
GENERAL LEGAL COUNCIL AND OTHERS