Bawuah v Attorney-General and another

AMUA-SEKYI JSC. The plaintiff, Bawuah joined the Police Service in 1962 as a constable. He is now a Deputy Superintendent. His complaint is that he was prematurely retired from the Service on the supposition that the Constitution 1992 notwithstanding, the retiring age of members of the Police Service remained 55 years. This view is wrong. The retiring age of career officers in the Police Service is the same as that for other public officers, that is, 60 years. This is the clear provision of article 199(1) of the constitution. Accordingly, we grant the plaintiff’s declaration that as a public officer holding a pensionable appointment, his compulsory retiring age is 60 years and that his purported retirement from the Police Service at the age of 55 years is a breach of article 199(1) and a nullity. We order that he be re-instated forthwith.

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Declaration granted; plaintiff ordered to be reinstated forthwith.