The controversy surrounding the eligibility of Martin Amidu as Special Prosecutor will be determined by the Supreme Court on May 13, 2020. The Apex Court is expected to give a constitutional interpretation on whether Mr Amidu’s age qualifies him to occupy his current position at the Office of the Special Prosecutor.
Judgement was initially slated for yesterday, however, the seven-member panel of the court, presided over by Chief Justice (CJ) Anin Yeboah, deferred it to two weeks’ time. Dr Dominic Ayine, a Member of Parliament and a former Deputy Attorney General under the Mahama administration, filed the suit to challenge Mr Amidu as to whether his age qualifies him for the position.
The application sought 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.
But the Attorney General’s Office responded and 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.”
Godfred Dame, Deputy Attorney General, who represented the Attorney General and Justice Minister, Gloria Akuffo, argued that Mr Amidu is not “a proper party to the suit”, as the action is seeking to challenge the Attorney General’s decision to nominate Mr 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 the 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, leaving the issue of whether Mr. Amidu can continue to be the Special Prosecutor, looking at his age as is being pushed by the MP.
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