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Eligibility of Special Prosecutor: SC gives judgement May 13

The Supreme Court (SC) will on May 13, 2020, give judgement in the case, in which a former Deputy Attorney-General  (A-G) is challenging the eligibility of the Special Prosecutor (SP), Mr Alamisi Burns Kaizer Martin Amidu, to hold public office.

The case was adjourned to April 29 for judgement, but a seven-member panel of judges, presided by the Chief Justice Anin Yeboah adjourned it to May 13.

No reason was assigned for the adjournment.

Dr Dominic Akurutinga Ayine, a former Deputy Attorney-General, filed a suit at the SC, 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.

A seven-member panel of judges, then 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.

Both the A-G, being represented by Godfred Yeboah Dame, a Deputy A-G, and Mr Tony Lithur, counsel for the plaintiff, were in court.

The plaintiff, 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.

He wanted  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).

Dr Ayine 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).

He 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”.

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

CAPTION: Mr Dame (second right) interacting with Dr Ayine (second left). Looking on are Mrs Marietta Brew Appiah Opong) a former Attorney General and Godwin Edudzi Tameklo, a private legal practitioner after proceedings.

BY MALIK SULLEMANA 

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