S.C orders A-G to justify appointment of Special Prosecutor

The Supreme Court (SC), yesterday, gave the Attorney-General (A-G) three weeks to file legal argument to justify the appointment of Alamisi Burns Kaizer Martin Amidu as the Special Prosecutor (SP).

The court also gave counsel for Dr Dominic Akurutinga Ayine, the plaintiff, three weeks to make legal arguments to justify the contention over the appointment of Mr Amidu to the position of public office.

Dr Ayine, a former Deputy Attorney-General, filed a suit at the S.C, and contended that Mr Amidu, 66, is beyond the statutory age of employment into public service.

On February 4, 2019, the apex court struck out Amidu, the SP, as a defendant in the case challenging his eligibility as a public officer.

The seven-member panel of judges, presided by Justice Julius Ansah, said the SP is not a “proper party” in the suit brought against the A-G and Mr Amidu by Dr Ayine.



Consequently, the court asked both the A-G, being represented by Godfred Yeboah Dame, and Mr Tony Lithur, counsel for plaintiff, to file their memorandum of agreed issues within 14 days.

The plaintiff, a former Deputy Attorney General, has argued 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 offices created pursuant to Article 190 (1)(d) is sixty (60) years, anyhow not beyond sixty-five (65) years.

He argued that by reason of Mr Amidu’s age (66 years), he is not qualified or eligible to be nominated as the SP under section 13(3) of the Office of the Special Prosecutor.

Dr Ayine stated 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

public offices created pursuant to Article 190 (1)(d) is sixty (60) years, anyhow not beyond sixty-five (65) years.

The plaintiff wanted 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 offices created pursuant to Article 190 (1)(d) is sixty (60) years, anyhow not beyond sixty-five (65) years.

Dr Ayine stated that the court to declare that by a true and proper interpretation of Articles 190(1)(d), 199(1), 199(4) of the 1992 Constitution, no person above the age of 65 years is eligible for employment in any public office created under Article 190(1) (d);c).

He also wanted a declaration that by reason of his age (66 years), Mr Amidu is not qualified or eligible to be nominated as the Special Prosecutor under section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959);

A declaration that by reason of his age, (66 years), Mr Amidu is not qualified or eligible to be approved by Parliament and the President of the Republic as the SP.

Dr Ayine told journalists that he was unperturbed by the decision of the court, adding that “if the court declares his appointment as null and void and of no effect that would be it”.

He said if the President had nominated someone of 57 years of age, there would not have been any constitutional issue.

BY MALIK SULLEMANA

Source:www.ghanaiantimes.com.gh