The Supreme Court has dismissed a suit challenging the appointment of Martin Amidu as the Special Prosecutor. The decision was a 5-2 majority decision. The Supreme Court dismissed a suit filed by Dr Dominic Ayine, a former Deputy Attorney-General, challenging the eligibility of the Special prosecutor based on his age.
The judges on the majority side were the Chief Justice, Justice Anin Yeboah, Justice Paul Baffoe-Bonnie, Justice Samuel K. Marful-Sau, Justice Nene Amegatcher and Justice Professor Ashie Kotey. The two judges who dissented are Justices Sulley Gbadegbe and Agnes Dodzi. This ruling means that the supreme court has upheld the appointment of Mr Martin Amidu as the Special Prosecutor.
The Supreme Court did not give reasons for the decision but said reasons for its dismissal would be filed at the court’s registry by the close of Thursday, May 14, 2020.
Dr Ayine, who is also the Member of Parliament (MP) for Bolgatanga East, went to the apex court to seek a constitutional interpretation with a case that Mr Amidu was 66 when he was nominated, and, therefore, he was ineligible to be the Special Prosecutor.
He then sought reliefs, including “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.”
The Attorney General’s Office, in its response to the suit, urged the Supreme Court to dismiss the suit, saying it was being “borne out of narrow, inadequate and literal construction of the scope of the application of Article 199 of the Constitution.”