legitimate expectation by virtue of his appointment to work for life or retire at
the age of seventy (70) years as an Associate Justice of the Supreme Court of
Liberia. This Court in the case of REGISTERED TRUSTEES OF
ASSOCIATION OF FORMER TELECOM EMPLOYEES OF NIGERIA &
17,102 ORS. V. FEDERAL REPUBLIC OF NIGERIA & ORS (2019)
ECW/CCJ/JUD/20/19 (Unreported), emphasised that: “It is trite law that a
legitimate expectation is capable of sustaining a claim on the right to property
as same is subject to protection.”
172. This Court, commenting upon the right to salary pronounced in the case of
EXECUTIVE SECRETARY OF ECOWAS & 2 ORS V. TOKUNBO LIJADU
OYEMADE (2005) ECW/CCJ/APP/01/05 @ pg. 23 as follows:
“It is obvious that salary is the benefits paid by the employer to the
employee for work done. It is the remuneration for a job or service. In
other words, there can be no salary for work that was not actually done
legally speaking. However, this principle could suffer an exception. It
is the case when an employee is prevented from the place of work, to
perform the official or professional obligation. The fact that the officer
had no Access to her work place due to the sanction by the Plaintiff,
should not prevent her from receiving her salaries and emoluments
attached to the position she was occupying before the sanction”.
173. This Court re-affirms that the Applicant’s rights to fair hearing and work,
coupled with his legitimate expectation by virtue of his appointment to work
until retirement and earn pension as an Associate Justice of the Supreme Court
of Liberia are subject to protection under all the international human rights
70