The Supreme Court has indefinitely adjourned the suit challenging the capacity of Martin Amidu as the Special Prosecutor.
The indefinite adjournment is to allow for a re-panelling of the bench hearing the case due to the retirement of two of the judges.
The suit filed by former Deputy Attorney General, Dr. Dominic. Ayine contends that Mr. Amidu, being 66 years, is too old to hold public office, and as such cannot be the Special Prosecutor.
He is therefore seeking 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.
Dr. Dominic Ayine filed the case in February 2019.
He is seeking a declaration from the Supreme Court that 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 argued in his writ that, “any other interpretation would result in an unlawful amendment of Article 199 of the Constitution by legislation.”
Supreme Court removes Martin Amidu as defendant in Ayine case
The Supreme Court earlier struck out Martin Amidu, as a defendant in the case.
According to the court, Mr Amidu is not a proper party to the case as the position in question is one which falls under Article 88 of the Constitution.
The Supreme Court said per the constitution the Attorney General is required to represent public officials sued as a result of their office.