A seven member Supreme Court panel presided over by Justice Julius Ansah, has struck out the name of the Special Prosecutor, Martin Amidu, as a defendant in the case filed by the former Deputy Attorney General, Dr. Dominic Ayine, challenging the Constitutionality of the nomination of and subsequent appointment of Martin Amidu, as Special Prosecutor.
The Applicant, Dr. Dominic Ayine, is seeking a declaration that “by a true and proper interpretation of Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution, the retirement age of all holders of public office created pursuant to Article(1)(d) is sixty years, anyhow not beyond (65).”
He argued in his writ that, “any other interpretation would result in an unlawful amendment of Article 199 of the Constitution by legislation.” Using the same sections of the constitution, the Applicant argues that “no person above the age of 65 years is eligible for employment in any public office created under Article 190(1)(d).”
He is thus seeking a declaration from the Supreme Court that Mr. Amidu, “is not qualified or eligible to be nominated and or appointed as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959)” since he is sixty seven (67) years old as at the time of his nomination.
Ruling on an application by the Deputy Attorney General, Godfred Dame, that the second defendant in the case entitled “Dr. Dominic Ayine verses Attorney General and Martin Amidu”, was an unnecessary party in the case since his role was an extension of the office of the Attorney General, the Supreme Court said it agrees with the argument of the Deputy Attorney General and therefore struck out the second defendant as party to the suit. The Court subsequently ordered the remaining parties “[the Attorney General and Dr. Dominic Ayine]” to meet and agree on a joint memorandum of issues and file same within two weeks.
The Apex Court adjourned the case senidie [indefinitely] for the case to take its natural cause.
