(2) Ladies and Gentiemen, Per Article 149 and 158(2) of the 1992 Constitution of the Republic of Ghana, salaries, allowances and other Conditions of service of staff of the Judicial Service, whose Mandate JUSAG represents, are determined by the President of the Republic of Ghana upon an advice of the Judicial Council acting in Consultation with the Public Services Commission, undergoing. (5) JUSAG submitted its proposal for review of salaries for 2023-2024 on 31% October 2022 to the Judicial Council for consideration in its advice to the President for determination in accordance Article 149 and 158(2) of the 1992 Constitution of Ghana. (6)In November 2022, the Judicial Council set_up a committee comprising fepresentative of JUSAG, the Fair Wages and Salaries Commission (for their expertise advice), the Public Services Commissi ersta three other members of the Judicial Council,(11) Upon receipt of the Judicial Council's recommendation, the Presidency will often contact the Judicial Council and JUSAG for Feconsideration if it was minded to make adjustments to the recommendation, This was, and is still not done, Parades. JUSAG also granted media interview to draw Government's attention to the plight of staff of the Judicial Service, (13)On 5 May 2023, JUSAG sent a resolution to His Excellency the President of Ghana praying him to expedite action for the approval and implementation of the (14) On the same 5 May 2023, JUSAG wrote to the National Labour Commission (NLC) in accordance with Sections 159-161 of the Labour notifying the Commission of our intention to emibg2023. The notification was copied to Minister of Labour and Employment Relations, the Minister of Finance and Economic Planning, and the Judicial Secretary. May 2023; and If the approval was still not done, we were to embark on indefinite Strike from 22"¢ May 2023, (16) The NLC summoned JUSAG, the Minister of Finance and Economic Planning, the Minister of Labour and Employment Relations, and Management of the Judicial Service, and copied the Chief of Staff at the Office of the President for a meeting to be held on 10% May 2023, before the Commission for hearing to commence at 11:30am. Unfortunately, Labour Minister, Finance Minster and Office of the Chief of Staff failed to show up at that time. The Meeting delayed and commenced after 2pm when JUSAG and Management were ushered in, (18) The meeting proceeded without any representative of the three important Respondents (i.e. Chief of Staff, Ministry of Finance, and Ministry of Labour) who holds the solution to the demands of JUSAG. JUSAG raised red flag and expressed Worry about the deliberate failure of the Government side to tumn-up for the important meeting. (19) In the course of the deliberation, the Presiding Chairman of the Commission who was supposed to be neutral and exercise fairness and impartiality made remarks apparently holding brief for the absentee parties from the Government side. (21) This was in spite of the absence of the President and his representatives, We wondered where the Chairman and his Committee Members were getting the briefing from when no body from the Office of the President appeared at that time,and since the Government did not even find the need to Write to the Commission to explain their absence. (23) At the end of the meeting, the Executive Secretary of the NLC, Hon. Ofosu ‘Asamoah granted an interview to the media which was aired on CitiFM Eyewitness News between the hours of 5:30pm— 7:00pm on the 10" of May 2023. His remarks were the same justification the Commission was making on behalf of Government uring the meeting. Portions of his remarks are transcribed below: (24) In the course of the meeting, the JUSAG Fequested for short adjournment to Friday, 12% May 2023 to enable parties settle and feport outcome or progress of Monday, 15% May 2023, yet the Commission declined and justified for the absentee Respondent (Government), (25) The Commission insisted on two weeks adjournment to Wednesday 24! May 2023 citing the busy schedules of the absentee Respondent (Government). JUSAG prayed for a one-week adjournment to next Wednesday 17% May 2023 since the(26) The Commission failed to heed to our Plea, and made submissions in favour of the absentee Party (Government), and adjourned the meeting for two whole weeks (i.e. 24% May 2023), (27) Its clear to us that Commission had a predetermined mindset Planned with the Government to frustrate the efforts of JUSAG in demanding what is due its members. The ruling of the Commission was prepared and dated on Tuesday, 9t* May 2023 prior to the meeting on Wednesday, 10% May 2023. The Commission's ruling was prejudiced. The Commission was bias in favour of the Government. They virtually violated all the principles of natural justice and the Whole proceedings at the Commission and the ruling had occasioned miscarriage Of justice, (28) In a bit to cover the injustice visited on JUSAG, the Commission wrote a letter Gated 12° May 2023 to JUSAG withdrawing its ruling on the grounds of supposed error they had detected in their ruling. By the withdrawal therefore, there was technically and there is still technically, no tuling or directive Preventing JUSAG from Proceeding with our industrial action since they had not replaced the withdrawn ruling with another one, or serve same on JUSAG. (29) Besides, the President of Ghana who is constitutionally mandated to determine the salaries of staff had not expressly appointed any of the Respondent parties (i.e. Chief of Staff, MoELR, or MOoFEP) to act on his behalf in respect of the discharge of the duty imposed on him by Article 149 of the 1992 Constitution. Therefore, the ruling by the Commission contravenes Article 149 of the 1992 Constitution as it attempts to strip the President of the authority vested in him by the 1992 Constitution. The ruling also contradicts the ‘Supreme Court ruling in the case of JUSAG vs. The Attorney General & 2 Ors in 2016. (30) Despite these apparent violations of the rules of natural Justice by the Commission, and its flawed ruling, we placed the interest of the Judiciary and Ghana high and exercised patience hoping that Government. will exercise good faith and initiate steps to resolve our grievances, Unfortunately, NO BODY in Government invited us for a meeting or attempted to resolve our concerns. The Labour Minister who was directed to lead the resolution went and slept on the job, yet we remained patient for 14 days. As our elders say, ‘the moon moves slow a but day breaks“ 24% May has come and our demands are stil not met. ere(31) With all the May Day noise and the Placards, media attention, letters to the President himself, the threats of strike and the meetings with the Labour Commission, NO ONE in Government has Cngaged us to know what we are going (32) You can’t remove the COLA and Push us to suffer hardship for five months without salary increase and expect us to keep quite. You can’t increase other Public ‘Sector workers incomes by 30% and leave us to suffer and die in silence. What is ‘900d for the goose is good for the gander. (G5) I will interest you to know that the Judiciary, apart from its core mandate of resolving disputes, interpreting and enforcing the laws of Ghana, also generates Substantial revenues for the state. For the past 10years, we have generated over Gs 2.00 billion in revenue through fees, fines, etc. to the state. Unfortunately, ur basic demands are yet to be met, (36) The current salaries review we are pushing for the President to approve and pay Us does not affect only administrative staff of the service. Director: are part, District Court Magistrates are part, and the Circuit Court Judges are part. All these People serving the third arm of government have been Subjected to this mistreatment by the Government. (37) We have suffered enough. We can no longer bear it. An empty sack cannot stand p right. The National Executive Council of JUSAG, upon Consultations with the Judicial Service Ladies Association of Ghana (JUSLAG), Senior Staff Association (SSAJUG), Driver Association, Finance Staff Association, and all stakeholders who matter, HEREBY DECLARE AN INDEFINITE STRIKE,(38) By this deciaration of strike, ALL staff of the Service are immediately directed not to report to work from today onwards unless and until the President of Ghana complies with Article 149 of the Constitution by approving and paying our new salaries with all the arrears from January to date, (39) All staff are also to note the following: 3 The Security Men and women are to stay at post, but make sure that all entrances to the Courts and other offices are locked to prevent entry into the Courts or any premises of the service. b. All drivers are dltected to hand over the official vehicles in their custody to the transport department. No driver shall drive any office vehicle op any Officer or any judge during the period of the strike, © Mo Court Registrar should open or be compelled to open any registry or Court for use during the period of the strike, 4. Regional Executive Board and Committee members of JUSAG are to be on the lookout to ensure compliance, & Tf any staff of the service receives any threat from any Management ‘member to report to work or perform any official duty during the strike shell decline same and report the matter to JUSAG. F- Let no one in Government or Management unlawfully coerce any staff or intimidate staff during the strike. If any member is inflicted with any (Ghustice in this course, we shall deem it as all members have been inflicted, Consequently, we shall respond in equal proportion, (40) The leadership of the Association of Judges and Magistrates are hereby implored {0 Join the strike since majority of their members (ie. the Circuit Judges and Magistrates) are also affected by the injustice and suffering we are undergoing. (41) JUSAG wish to thank staff once again for their hardwork, dedication, sacrifices and patience. Let's go home and return whenvo unto you all! Thank you!