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Martin Alamisi Amidu, Special Prosecutor

Martin Amidu removed from case challenging appointment as Special Prosecutor

BY MUNTALLA INUSAH muntalla.inusah@dailyhertage.com.gh A SEVEN-MEMBER panel of the Supreme Court justices has removed Martin Alamis Burns Amidu from the suit challenging the constitutionality of his appointment as the Special Prosecutor.

The panel chaired by Justice Julius Ansah said Mr Amidu was not a proper party to the case and that it was an action between the Attorney General and the President.

Deputy Attoney General Mr Godfred Yeboah Dame argued that the action that led to the appointment of the Special Prosecutor start before a statute was developed and his subsequent appointment.

The court said Mr Amidu was an unnecessary party in the case since his role was an extension of the office of the Attorney General.

He said the interest of the President and Mr Amidu was conjoined and they could not be included in the case titled Dr Dominic Ayine vs Attorney General and Martin Amidu.

Lawyers for Dr Ayine, the plaintiff, led by Tony Lithur even though disagreed, left the matter in the hands of the court.

The court, after hearing both parties, said Mr Amidu was not properly joined to the suit and therefore struck his name out for the applicant and the AG to contend with the matter.

The parties were, however, directed to file the joint memorandum of issues in 14 days. Case adjourned indefinitely.

Background

Former Deputy Attorney-General, Dr Dominic Ayine, has filed a suit to challenge the nomination of Martin Amidu for the position of Special Prosecutor.

Dr Ayine’s lawsuit contends that Mr. Amidu, being 66 years of age, is too old to hold public office, under which the Special Prosecutor’s position falls. The defendants in the suit are the Attorney General, Gloria Akuffo, and Mr Martin Amidu, the nominee himself.

The applicant, Dr. 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 was sixty seven (67) years old as at the time of his nomination.

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