Gov’t dragged to Supreme Court over judges pay cut

A Peace Advocate, Samuel Ampomah, who is chairman of Advocacy for Peace and Friends of the Needy, yesterday filed a suit at the Supreme Court challenging the decision by the Mahama-led government to cut the pay of Judges and Magistrates of the nation’s Lower Courts by over 50 percent. Joined in the suit, together with the Attorney-General, the first defendant, are the Chief of Staff, 2nd defendant, the Minister of Finance, 3rd defendant, and the Controller and Accountant General, 4th defendant.

Plaintiff fears if the Supreme Court “does not intervene to stop the defendants, the salaries of the Judges of the Circuit Court and District Courts would be reduced to their disadvantage and may occasion a reduction in productivity, which would ultimately affect the delivery of justice in Ghana, a situation which will not augur well for the peace and stability of the Republic.”

Government’s reason for the action, which is being implemented at the end of this month, as communicated through a letter from the Office of the President, signed by the Chief of Staff, Prosper D K Bani, is that the current salaries members of the Lower Bench have been enjoying for close to a year now, and which was used to employ new Judges and Magistrates in July, this year, “was inadvertently approved.”

Checks done by the New Statesman indicate that, acting on the instructions of the Minister of Finance, the Controller and Accountant General’s Department has already effected the cut from the pay for this month.

Among the reliefs being sought by the plaintiff, therefore, is a perpetual injunction restraining the Controller and Accountant General from implementing the directive to effect the pay cut.

He is also seeking an order directed at the 3rd and 4th defendants to maintain and pay all Circuit Court Judges and Magistrates the current levels of salaries approved and paid to them pursuant to the 3rd directives issued in a letter dated February 27, 2013.

The plaintiff is further seeking “a declaration that salaries of judges once increased cannot be reduced to their disadvantage.” Article 127(5) of the 1992 constitution states that “The salary, allowances, privileges and rights in respect of leave of absence, gratuity, pension and other conditions of service of a Justice of the Superior Court or any judicial officer or other person exercising judicial power, shall not be varied to his disadvantage.”

In his Statement of Claim signed by his solicitors, K-SAN Law Firm, the plaintiff avers that on February 27, 2013, the 3rd defendant, in a letter with reference number ERFD/13/SAL/1, directed the 4th defendant to commence the payment of increased salaries to Judges and Magistrates of the lower courts upon a recommendation of a presidential commission set up during the tenure of the late President Mills.

The directive, according to the Statement of Claim, was carried out by the 4th defendant, leading to increased pay of the beneficiaries.

“Strangely on the 10th day of April, 2013, the 2nd defendant wrote to her Ladyship the Chief Justice of Ghana, in a letter with the reference number SCR.A.14/8, informing her of his decision withdrawing an approval which he claimed was inadvertently given to increase the salary of what he termed Judges of the Lower Bench,” the plaintiff added.

The letter reads: “The salary levels for the Lower Court Bench as conveyed in the Ministry of Finance letter No.ERDF/13/SAL.1 of 17th February 2013 was inadvertently approved. The approval has therefore been withdrawn. The members of the Lower Court Bench are to refund the excess salaries paid to them. However, in order not to impose undue financial burden on the members of the Lower Bench it has been decided that the excess payment should be recovered through regular monthly deductions over a period of time.”

Following this directive from the Office of the President, the Finance Minister, Seth Terkper, accordingly wrote to the Controller and Accountant General in November, this year, to stop the payment of the new salary levels.

The letter dated November 6, 2013, with the caption NEW SALARY LEVEL FOR THE LOWER COURT BENCH, reads in part: “Please refer to this Ministry’s letter number ERFD/13/SAL.1 dated February 27, 2013, on the above subject (copy attached). In the letter under reference, the Ministry of Finance approved new salary levels for the Lower Court Bench. The Office of the President, per a letter number SCR.A.14/8 dated April 10, 2013(copy attached) has withdrawn this Ministry’s approval and has requested members of the Lower Court Bench to refund the excess salaries paid them.”

The plaintiff contends that as a result of the letter, the 2nd defendant has breached articles 17, 24, 36 and 127 of the constitution of the Republic of Ghana; the right of the affected Judges and Magistrates to work under satisfactory conditions; the obligation imposed by the constitution to protect the dignity and effectiveness of judges; as well as the obligation not to vary the salaries of judges or anyone exercising judicial power to their disadvantage.