By a vector of 5-2 majority, the Supreme Court on Wednesday May 13, 2020 endorsed Martin Amidu’s appointment as Special Prosecutor by President Akufo-Addo.
Dr. Dominic Ayine, a former Deputy Attorney General, filed the suit against the appointment of Martin Amidu on the grounds that Mr. Amidu’s age of 65 at the time could not make him employable into public office. The case suffered several adjournments with both parties having to argue extensively over the matter in court.
Undoubtedly, the Supreme Court, presided over by the Chief Justice, Justice Kwasi Anin-Yeboah, in a 5-2 majority decision, dismissed the writ and said reasons for the dismissal would be filed at the court’s registry.
Dr. Ayine, who is the Member of Parliament (MP) for Bolgatanga East, in his legal opinion believed Amidu’s age disqualified him from being appointed to the Office of the State Prosecutor – a public office.
He sought the Court to make order and make, “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.”
According to him, Amidu has obtained the age limit and therefore ought not to have been appointed to occupy the Special prosecutor.
But the Attorney General’s Office, in its response to the suit, prayed the Supreme Court to dismiss the suit because it lacked merit.
The state argued that, the suit was being “borne out of narrow, inadequate and literal construction of the scope of the application of Article 199 of the Constitution.”
Source: Felix Nyaaba
