THE JUDICIARY AND THE BUDGET

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It is important to give clear explanation of the budgetary process of the judiciary so that the judiciary, in particular, and public at large would be able to assess what constitutes or does not constitute proper allocation of remuneration.

Section 144 subsection (1) of the Constitution states that,

“The Chief Justice shall submit the annual estimates of expenditure for the Judicature to the President for presentation to the National Assembly in accordance with this Constitution. The President shall cause the estimates to be placed before the National Assembly without amendment, but may attach to them his or her own comments and observations.”

It is therefore clear that in presenting the annual estimates to the National Assembly for approval the estimates of the judiciary should be included without any amendments for consideration of the National Assembly. Once the Estimates is approved, it should be included in the Appropriation Bill. Once the Bill is passed it becomes an Appropriation Act that should be implemented and enforced.

What is clear to Foroyaa is not the amounts allocated to the Chief Justice and judges that can be found in the Approved Estimates for the year 2025. No Supplementary Appropriation Bill has been brought to the National Assembly to augment any salary or allowances for the judiciary. If they claim that sums exceeding what is in the estimates are being received, investigation must be done to determine the veracity of the claims and the legal basis for any adjustment if that is found to be the case.

The guarantors of the interpretation of the Constitution and the laws of the country must not ever be entangled with any matter that could be found to be in breach of the constitution.

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