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HISLORDSHIP JUSTICE PAUL UUTER DERY AND HIS LORDSHIP JUSTICE GILBERT AYISI ADDO
V.
THE JUDICIAL COUNCIL, THE HONOURABLE CHIEF JUSTICE OF GHANA AND THE ATTORNEY GENERAL

(2016) JELR 65940 (SC)

Supreme Court 26 May 2016 Ghana
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- The case involves two plaintiffs, both citizens of Ghana and justices of the High Court of Ghana. - The plaintiffs are challenging a decision by the 1st defendant to place them on half salary and suspend their allowances. - The plaintiffs

Case Details

Suit Number:CIVIL APPEAL NO. J1/8/2016
Judges:ANSAH JSC (PRESIDING), ANIN YEBOAH JSC, BAFFOE BONNIE JSC, BENIN JSC, AKAMBA JSC
Counsel:NII KPAKPO ADDO WITH HIM SIKA ABLA ADDO AND STEPHEN OPOKU FOR THE PLAINTIFFS; MRS. AFRIYIE ANSAH (CSA) WITH HER MS. IVY VANDERPUJE (SSA) VICTORIA ADOTEY (ASA) ZEINAB AYARIGA (ASA) FOR THE DEFENDANTS.

JUDGEMENT

ANSAH JSC.

Whereas the 1st plaintiff is a citizen of Ghana and a High Court Judge who proceeded on an administrative leave and has just resumed sitting as a judge, the 2nd plaintiff is also a citizen of Ghana and a Justice of the High Court of Ghana but currently is under suspension; both plaintiffs bring this action to invoke the original jurisdiction of this court by issuing a writ under article 130 (1) (a) and 2 (1) (a) of the 1992 constitution for reliefs; they together filed an amended writ of summons on 28/01/16, for the following reliefs, namely:

a) A declaration that the decision of the 1st defendant on 16th December 2015, which is contained in letters dated 8th and 11th January, 2016, purporting to place the plaintiffs on “half salary with immediate effect”, is inconsistent with and in contravention of Article 127(5) of the 1992 Constitution and therefore unconstitutional, null and void.

On 26th April, 2016, this court struck out the 3rd, 4th, 5th and 6th defendants fr…

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