Martin Amidu’s Appointment as Special Prosecutor is Lawful – Supreme Court

The Supreme Court has upheld the appointment of Mr Martin Amidu as the Special Prosecutor.

The Supreme Court in a majority 5:2 decision Wednesday [May 13, 2020], ruled that Martin Amidu is eligible to hold office as Special Prosecutor.

The Court dismissed a suit filed Dr Dominic Ayine, a former Deputy Attorney-General, challenging the eligibility of the Special prosecutor based on his age.

The decision read by Chief Justice Anin Yeboah said the retirement age for public officers does not apply to the office.

According to reports from Graphic Online, the Justices on the majority side were the Chief Justice, Justice Anin Yeboah, Justice Paul Baffoe-Bonnie, Justice Samuel K. Marful-Sau, Justice Nene Amegatcher and Justice Professor Ashie Kotey

Justice Sule Gbadegbe and Justice Agnes Dordzie dissented.

The Former Deputy Attorney General Dr. Dominic Ayine who filed the case said per the true and proper interpretation of Articles 190(1)(d), 199(1) and 295 of the 1992 Constitution, the retirement age of all holders of public offices created pursuant to Article 190 (1)(d) is 60 years, and not beyond 65 years.

Dr Ayine had argued that Mr Amidu was 66 when he was appointed as the Special prosecutor and therefore per the laws of Ghana he was ineligible to hold the office.

READ ALSO:
My Relationship with Prez Akufo-Addo won’t Affect my Job as Supreme Court Judge – Kulendi

Dr Ayine, who is also the Member of Parliament (MP) for Bolgatanga East, went to the apex court to seek a constitutional interpretation with a case that Mr Amidu was 66 when he was nominated, and, therefore, he was ineligible to be the Special Prosecutor.

The Attorney General’s office which has been defending the Special Prosecutor since the court discharged him as a defendant said Ayine’s reading of the law is not accurate.

A deputy A-G, Mr Godfred Yeboah Dame argued that public servants compulsorily retired at the age of 60, with a further possibility of extension of their years of service under Article 199 (4), and that not all public officials were caught by the compulsory retirement age of 60.

The State is, therefore, praying the court to hold that the position of Special Prosecutor is a public office (organ) like the Statute Law Revision Commissioner, not caught by the retiring age prescriptions in Article 199.

Godfred Yeboah Dame explained that the office is a Specialized agency and cannot be treated like other public offices.

SOURCE: Graphic Online