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Supreme Court Set Bad Precedent on Amidu Overage Case–Dr Ayine

Former Deputy Attorney-General, Dr. Dominic Ayine, has expressed disappointment over the dismissal of his suit challenging Martin Amidu’s age eligibility to serve as Special Prosecutor.

The Supreme Court Judges which were divided over the matter did not give clear reasons for their decision, but indicated that both parties could access their judgment at the court’s registry.

The judgement was divided to a 5-2 majority decision in favour of Martin Amidu, given him the green light to continue working as the Special Prosecutor.

But Dr Ayine told members of the Judicial Press Corps after the judgement on Wednesday, May 12, 2020, that the dismissal of his suit has established a bad precedent and feared it could be abuse in the near future by appointing authorities.

“Unfortunately, the precedent will allow for the appointments of persons who are over the age of 65 years and persons who are 70 years of age after retirement at the age of 60 and not giving our young people the opportunity to serve the Republic in the public services of Ghana. And I think that is a foreseeable consequence of the decision today,” he said.

“They said we could apply for the reasons given by the judges in majority and minority so until then I am unable to say why and will get back to you when the reasons are available,” Dr. Ayine explained.

He added that: “I don’t think we will be thinking of a review.”


Dr. Ayine was contending that Mr. Amidu, being 66 years [at the time the suit was filed in 2018], was too old to hold public office, and as such could not be the Special Prosecutor.

In his writ, Dr. Ayine sought 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.



Source: therpiblicnewsonline.com/Felix Nyaaba

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