By a vector of 5-2 majority, the Supreme Court on Wednesday May 13,2020 endorsed Martin Amidu, appointment as Special Prosector.
The apex Court had dismissed a writ challenging the eligibility of Martin Amidu age to be appointed by President Akufo Addo, as the first Special Prosecutor.
Dr. Dominic Ayine, a former Deputy Attorney General, filed the suit on grounds that Mr. Amidu could not be appointed into public office as he was 65 years old at the time of his nomination.
The case suffered several adjournment and both parties have argued extensively over the matter in court.
Undoubtly, the Supreme Court presided over by Chief Justice, Justice Kwasi Anin-Yeboah in a 5-2 majority decision, dismissed the writ and said reasons for its dismissal would be filed at the court’s registry.
Dr. Ayine, who is the Member of Parliament (MP) for Bolgatanga East, in his legal opinion believed Amidu’s age disqualified him to be appointed to the Office of the State Prosecutor, a public office.
He sought the Court to make order and make, “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.”
According to him, Amidu has obtained the age limit and therefore ought not to have been appointed to occupy the Special prosecutor.
But the Attorney General’s Office, in its response to the suit, prayed the Supreme Court to dismiss the suit for it lacks merit.
The state argued that, the suit was being “borne out of narrow, inadequate and literal construction of the scope of the application of Article 199 of the Constitution.”