a fact, he must produce evidence to substantiate the claim. The Applicant has not
been able to establish that he was treated differently from other members in similar
situation with him. In the absence of evidence to support a different treatment in
similar situations, the Applicant’s claim of violation of equality before the law and
freedom from discrimination is hereby dismissed
62. Closely linked to the right to pension and retirement benefits is the concept of
legitimate expectation. In the instant case the Plaintiff served as Vice Chairman of
the State of Liberia before he voluntarily resigned. Having spent time in active
service of the Government of the Respondent, the Applicant is legitimately expected
that upon leaving office, he will be entitled to some benefits. A legitimate
expectation encapsulates the need to ensure legal certainty. Lord Fraser of
Tullybelton in ATTORNEY-GENERAL OF HONG KONG V. NG YUEN SHIU (1983) 2 A.C.
629 said that,
“When a public authority has promised to follow a certain procedure, it is in the
interest of good administration that it should act fairly and should implement its
promise, so long as implementation does not interfere with its statutory duty”.
The rationale behind the doctrine of legitimate expectation is the need to prevent
administrative authorities from exercising their discretionary powers so as to defeat
legitimate expectations of individuals, which have been engineered by the prior
conduct of those administrative authorities. Thus, the doctrine strives to make sure
that administrative authorities are bound by their undertaking. In the case of
ČAKAREVIĆ V. CROATIA (Application no. 48921/13) 26 April 2018, the ECHR Court
held that, as a rule, a legitimate expectation of being able to continue having
peaceful enjoyment of a possession must have a “sufficient basis in national law”.
63. In the instant case, the Respondent argue that the Applicant did not complete his
term in office because he resigned to contest an election and he is therefore not
entitled to any pension regardless of the fact that there is no provision of the law
to back up the argument. To deny the Applicant his legitimate expectation to
pension after retirement without any provision of the law to substantiate such
decision constitutes a violation of his human rights. This Court in Registered
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