Supreme Court dismisses suit against Martin Amidu’s capacity to be Special Prosecutor

The Supreme Court has dismissed a case challenging the eligibility of Martin Amidu to hold the office of the Special Prosecutor.

Former Deputy Attorney-General, Dominic Ayine, who filed the writ had argued that Martin Amidu was over and above the age for appointment into public service.

The Special Prosecutor was 66 years old at the time of his appointment in 2018.

The mandatory age limit is 60 years while the voluntary age for contract work was 65 years. In both cases, Amidu missed the mark, Ayine pointed out in court.

Dr Ayine, therefore, asked the Supreme Court for a true and proper interpretation of Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution which deals with the retirement age of all holders of public offices.

But by a 5-2 majority decision, the Supreme Court ruled Martin Amidu can continue his work.

The Chief Justice, Justice Anin-Yeboah, along with Justice Anin-Yeboah and Justices Baffoe Bonnie, Marful Sau, Prof Ashie Kotei and Nene Amegatcher ruled in favour of the Attorney General dismissing case against Mr. Amidu.

But Justices Gbadegbe and Agnes Dodzie dissented.

The Supreme Court did not read out its reasons, but directed that the parties apply for the judgment at the registry.

Speaking to a pool of reporters, Dr. Ayine said he was “extremely surprised” and was “at a loss” at the apex court’s judgment.