JUDGEMENT
ATUGUBA 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 jurisdiction o…