SC strikes out Martin Amidu as defendant in public officer eligibility case

Mr Martin Amidu

Mr Martin Amidu

The Supreme Court, yesterday, struck out Special Prosecutor (SP) Martin Alamisi Amidu, as a defendant in a case challenging his eligibility as a public officer.

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

The court held that the Attorney General is government’s legal advisor, and, therefore, the decision of the court would be binding on SP who is a government appointee.

Consequently, the court has asked both the Attorney General, 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 further argues that by reason of Mr Amidu’s age (66 years), he is not qualified or eligible to be nominated as the Special Prosecutor under section 13(3) of the Office of the Special Prosecutor.

Dr Ayine is arguing 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.

He further argues that by reason of Mr Amidu’s age (66 years), he 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)

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;

He also urged 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) A declaration that by reason of his age (66 years), Mr. Martin Alamisi Burns Kaiser 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. Martin Alamisi Burns Kaiser Amidu is not qualified or eligible to be approved by Parliament as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959)

Dr Akurutinga 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 constitutional issue.

BY MALIK SULLEMANA

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