The Supreme Court has adjourned its judgment on the eligibility of Martin Amidu as Special Prosecutor.
The verdict, which was expected to be provided today, Wednesday, 29 April 2020, was rescheduled to 13 May 2020.
Opposition Member of Parliament for Bolga East, Dr. Dominic Ayine, submitted a fit at the Supreme Court against the nomination of Martin Amidu by President Nana Akufo-Addo as Special Prosecutor. The suit was submitted through his attorney Tony Lithur.
According to Dr. Ayine, Martin Amidu does not constitutionally certify in terms of his age since he was 66 years at the time of his appointment, which far surpasses the constitutionally compulsory retirement age of 60.
To Dr. Ayine, despite the fact that a person occupying a public office might have his tenure extended up until he is 65 years old, Martin Amidu as at the time of his consultation was 66 years and so can not occupy that position.
BACKGROUND OF THE CASE
Dr. Ayine, MP and a former deputy Attorney General under John Mahama filed the action at the Supreme Court challenging that Mr. Amidu’s age did not qualify him to be appointed as Ghana’s first Special Prosecutor.
He then sought reliefs, including “a declaration that by a true and proper interpretation of Articles 190 (1) (d), 199 (1) (4) and 295 of the 1992 Constitution, the requirement age of all holders of public offices created pursuant to Article 190 (1) (d), is 60 years, anyhow not beyond 65 years.”
The Attorney General’s Office, in its response to the suit, urged the Supreme Court to dismiss the suit, saying it was being “borne out of narrow, inadequate and literal construction of the scope of the application of Article 199 of the Constitution.”
The deputy AG then pushed that Martin Amidu is not “a proper party to the suit” as the action is seeking to challenge the Attorney General’s decision to nominate A.B.K. Amidu as the Special Prosecutor, as well as his presentation by the President to Parliament for approval.
Mr. Dame also stated that the decision to appoint Mr. Amidu was taken in the course of the official duties of the President and AG and Mr. Amidu can therefore not be a party to the suit.
He then urged the court to dismiss the suit and the court agreed with the deputy AG and subsequently struck out the name of Mr.Amidu as defendant in the suit, leaving the issue of whether Mr. Amidu can continue to be the Special Prosecutor looking at his age as being pushed by the MP.
