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Martin Amidu is eligible to serve as Ghana’s Special Prosecutor, the Supreme Court ruled on Wednesday.
In a majority 5:2 decision, the Apex court dismissed the case challenging the eligibility of Amidu to hold himself as Special Prosecutor due to his age.
The decision read by Chief Justice Anin Yeboah said the retirement age for public officers does not apply to the office.
Former Deputy Attorney General Dr. Dominic Ayine who filed the case says a 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 sixty (60) years, and not beyond sixty-five (65) years.
The court deferred its reasons for their decision and indicated that the lawyers could pick up their reasons from the court’s registry tomorrow. The decision of the Apex court of the land has legitimized the position of Martin Amidu as special prosecutor forthwith.
The judges who ruled dismissing the application by the former Deputy Attorney General in the Mahama administration, Dominic Aryine, are the Cheif Justice Anin Yeboah, Justices Bafffoe Bonnie, Marfo Sau, Nene Amegatse, and Professor Ashie Kotey.
Background
The suit was filed by former Deputy Attorney General, Dr Dominic Ayine who contends that Mr Amidu, being 66 years, is too old to hold public office, and as such cannot be the Special Prosecutor.
He was, therefore, seeking a declaration that, per the interpretation of Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution, the retirement age of all holders of public offices created pursuant to Article(1)(d), is 60 years, thus Mr. Amidu is not qualified or eligible to be nominated as the Special Prosecutor. Dr. Dominic Ayine filed the case in February 2019.
Source: Daily Mail GH
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