BOMBAAR YAARI vs THE ATTORNEY GENERAL & MINISTER OF JUSTICE & ATTORNEY GENERAL & ANOR
July 31, 2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOYCE BOAHEN
Areas of Law
- Employment Law
- Administrative Law
- Constitutional Law
- Civil Procedure
July 31, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per Justice Joyce Boahen, held that Ghana Education Service (GES) unlawfully and unconstitutionally compelled the premature retirement of Mr. Bombaar Yaari, a teacher posted in 1994 and confirmed in 1996, by relying on a GES retirees list that incorrectly showed his date of birth as 26 March 1959. Yaari’s records—including SSNIT identity card, biometric registration form, birth certificate (issued in 2002), baptismal testimonial, voter card, Teachers Fund statements, and multiple GES personnel forms—consistently reflected 1968, with internal GES records also showing 26 December 1968. After unsuccessful attempts to correct the anomaly under PSC’s 2017 criteria due to destroyed early records, Yaari petitioned the GES Director-General and served notice under the State Proceedings Act on the Attorney-General. The court found GES produced no document showing 1959 emanated from Yaari, concluded the error originated with GES, and held that administrative bodies must act fairly and reasonably under Articles 23 and 296, and that public servants retire at sixty under Article 199(1). The court ordered reinstatement, record amendment to 26 March 1968, payment of outstanding salaries and entitlements, and awarded GH₵ 60,000 compensation and GH₵ 60,000 costs.
COMPULSORY RETIREMENT OF PLAINTIFF BEFORE ATTAINING SIXTY (60)YEARS PLAINTIFF’S CLAIMS
The Plaintiff’s claims against the Defendants jointly and severally per his writ of summons filed on 15th June, 2021 are for; a. A declaration that, the termination of the employment of the Plaintiff by retiring him prior to his statutory age is unlawful.
b. A declaration that the decision of the Ghana Education Service (G. E. S) to compulsory (sic) retire the Plaintiff nine (9) years prior to his statutory retirement age is unlawful.
c. An order of the Court directed at the G. E. S to re-instate the Plaintiff and pay all his outstanding salaries, entitlements and or his benefits.
d. Monetary compensation to the Plaintiff for the unlawful termination of his employment by compulsory (sic) retiring him prior to his statutory retirement age.
Before mounting this action against the Defendants, the Plaintiff caused his lawyer to write to the Defendants about his intention to mount this action pursuant to the State Proceedings Act, 1998 (Act 555) per exhibit “M” Statutory Notice of Intention to Commence Suit against the Ghana Education Service under Section 10 of the State Proceedings Act, 1998 (Act 555). THE PLAINTIFF’S CASE The Plaintiff’s Writ of Summons, Statement of Claim, Reply, Witness Statement and Cross-Examination was essentially merged.
The Plaintiff’s case is that he is a teacher by profession.
The 2nd Defendant is a government institution mandated to provide quality formal education to all children of school going age in Ghana.
The Plaintiff gave his date of birth as 26th March, 1968 born at Tanchara in the Lawra District of the Upper West Region of the Republic of Ghana.
Neither birth certificate nor baptismal certificate was obtained at his birth because he came from a pagan home and his parents were not formally educated.
He obtained his basic education at Tanchara Primary and Middle Schools from 1974 to 1984 per exhibit “H” a Letter dated 15th June, 2020 from Tanchara –Kunyukuo M. A Primary School, signed by Buunaaim John Vianey, Headteacher.
He was admitted to Sunyani Technical Institute and completed in the year 1989. In 1991 he was admitted to Nusrat Jahan Ahmadiyya Training College in Wa and he successfully obtained his professional Certificate “A”, a four year course from 1991 to1994 per exhibit ‘H1”, a letter dated 17th June, 2020 from Nusrat Jahan Ahmadiyya College of Education, Wa, letter of attestation Mr. Bombaar Yaari which confirms the P