A senior law lecturer at the University of Ghana, Dr. Poku Adusei says the suit by one Emmanuel Noble Kor accusing the President of illegally varying gratuities of the country’s superior judges is dead on arrival.
Mr. Noble Kor is seeking seven reliefs including an order of perpetual injunction restraining the government of Ghana from calculating and paying gratuity to any superior court Judge on the basis of the unlawful formula contained in the letter of the Chief of Staff dated 4th January 2013.
“It’s a case that is lost from the beginning and it’s not worth any serious consideration,” Dr Poku Adusei said.
[contextly_sidebar id=”MbRXPNixg8hhzU7ZO8UDIk4cdOyuRRgh”]According to him, Noble Kor has no capacity to drag the President to the Supreme Court when Judges have not complained about their emoluments.
Speaking in an interview with Citi News, the law lecturer recommended that there is the need for the Supreme Court to introduce new rules to stop such law suits which he describes as waste of time.
“I think persons are now using the Supreme Court as a place where we have to dump all manner of garbage cases and think that we can get a remedy. That shouldn’t be the avenue for the court to decide on these issues,” he remarked.
According to him, there are pressing issues for the highest court of the land to be dealing with and they must thus “put their feet on the ground and give orders that are punitive against awarding cost in new cases that are so frivolous such as this one.”
Dr. Poku Adusei was of the view that “if the President takes a decision affecting the emoluments of article 71 office holders based on the committee’s recommendations, those persons who will be affected would have to complain because the decision of the President may be enhancing the position of the office holders.”
“I don’t think that raises any constitutional issue for you to rush to the Supreme Court for a remedy,” he added.
By: Efua Idan Osam/citifmonline.com/Ghana
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