The Supreme Court has dismissed a writ challenging the appointment of Martin Amidu as the first Special Prosecutor.
The suit filed by Dr. Dominic Ayine, a former deputy Attorney General was arguing that Mr. Amidu could not be appointed into public office as he was 65 years old at the time of his nomination.
The Supreme Court in a 5-2 majority decision read by the CJ, Justice Kwasi Anin Yeboah, dismissed the writ and said reasons for its dismissal would be filed at the court’s registry.
Dr. Ayine, MP for Bolgatanga East and a former deputy Attorney General under John Mahama filed the action at the Supreme Court challenging that Mr. Amidu’s age did not qualify him to be appointed as Ghana’s first Special Prosecutor.
He then sought reliefs, including “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.”
The Attorney General’s Office, in its response to the suit, 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.”
Dr. Ayine argues at the time President Akufo-Addo named Martin Amidu as SP that he was not qualified because he was 66.
He said this contravenes section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959).
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 Attorney General Godfred Yeboah Dame says the office is a specialized agency and cannot be treated like other public offices.
The case was heard by Chief Justice Kwasi Anin-Yeboah and Justices Baffoe Bonnie,Sule Gbadegbe, Prof Ashie Kotei, Nene Amegatcher, Agnes Dodzie and Marful Sau.The Chief Justice and Justices Baffoe Bonnie, Marful Sau Prof Ashie Kotei and Nene Amegatcher ruled in favour of the Attorney General dismissing case against Mr. Amidu.
Justices Sule Gbadegbe and Agnes Dodzie ruled against the Attorney General.
Justice Anin-Yeboah said the written judgement will be available for collection on May 14, 2020.