OSEI-HWERE & ABAKAH v. ATTORNEY-GENERAL(cons.)

As far as the law goes, the position of the plaintiff, Osei-Hwere is precisely the same as that of the plaintiff Wuaku, in the case in [1994-95] GBR 363. He was appointed a district magistrate in 1962. He was promoted to the rank of circuit court judge in 1966, and appointed a High Court judge in 1971. In 1983, he was promoted to the Court of Appeal, and was elevated to the Supreme Court in 1989. On attaining the compulsory retiring age of 65 years on 19 October 1990, the government of the Provisional National Defence Council, acting under powers conferred on it by section 9(2) of the Judiciary (Retiring Ages) Law 1986 (PNDCL 161), extended his term of office by one year. At the end of that period, he was granted a further extension of one year. This expired on 19 October 1992. Even though he claims to have continued to exercise the functions of a judge after that date, this could not, in the absence of a further extension of his term of office by the appointing authority, have the effect of extending his period of service which to all intents and purposes ended on 19 October 1992.

Under the Pensions Ordinance 1950 (Cap 30), the Constitution 1969 and Pensions (Amendment) Law 1986 (PNDCL 162), the plaintiff was entitled to receive a gratuity calculated on the basis of his basic or consolidated salary as at the date of his retirement, and an annual pension amounting to his gross annual salary. He was also entitled to a corresponding increase in his pension whenever the salary payable to judges of the Supreme Court was raised. As the committees appointed under the 1969 and 1979 constitutions did not make any recommendations to that effect, nor have any such recommendations been approved by the President, he was not entitled to the perquisites of office for a serving judge. In particular, he was not entitled to retain the use of his official residence, or the motor vehicle given him for his use as a judge, or be paid an allowance is lieu thereof.

In the light of the above, the following declaration and orders are made:

The plaintiff, Osei-Hwere, retired from office as a judge of the Supreme Court on 19 October, 1992. The terms of his retirement are governed by the Constitution 1969, the Pension Ordinance 1950, the Pensions (Amendment) Ordinance 1954, the Judiciary (Retiring Ages) Law 1986 (PNDCL 161) and the Pensions (Amendment) Law 1986 (PNDCL 162). He is entitled to have his gratuity calculated on his basic or ‘consolidated’ salary at the