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Supreme Court rules as unconstitutional demand by 40 former MPs to be paid special pension

Supreme Court
The Supreme Court of Ghana.
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The Supreme Court has ruled that it is unconstitutional for the Chinnery Hesse Committee to provide special pension scheme for some former Members of Parliament.

Former MP for Bolgatanga and PNC Flagbearer, David Apasera, and 39 former MPs sued Government for ¢ 233,495 each, being their accrued Monthly Pension since January, 2009.

The amount being claimed is ¢13,735 per person per month, but interest accrued for 85 months total ¢233,495 each.

The seven-member panel presided over by Justice Jones Dotse in its judgement said it was unconstitutional for the committee to make such recommendations. The judgement read by Justice Sule Gbadegbe who is taking a bow from the bench ordered the Court of Appeal to carry out the answer as directed by the Supreme Court.

With the suit filed, the 40 former MPs are collectively demanding more than ¢9 million from the government. The basis of the legal action by the 40 former MPs is the Chinnery-Hesse Presidential Emoluments Committee (PEC) which provides that Parliamentarians who were 50 years and above and exited Parliament, having served two full terms, should be paid some sums of money as pension benefits.

Some notable names among the 40 former MPs who initiated the legal action are Yaw Osafo-Maafo, Dr Kofi Konadu Apraku, Dr Kwame Ampofo, Kwamina Bartels, Freddie Blay, Kenneth Dzirasah,  Christine Churcher,  Isaac  Edumadze and Capt. Nkrabea Effah-Darteh.

Joined to the suit as defendants are the Attorney-General and the Minister of Finance.

The disgruntled former legislators claimed that the conduct of the government showed that unless compelled by the courts, it was not ready to pay the pensions duly owed them.

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