A seven-member panel of the Supreme Court presided over by Chief Justice (CJ) Anin Yeboah has deferred judgement in the suit challenging Martin Amidu’s age as Special Prosecutor to May 13, 2020.
Judgement for the case was set for today Wednesday, April 28. But when the case was called the CJ said it has been adjourned to May 13.
Starr News’ Court Correspondent Muntalla Inusah who was in court reports that Mr Amidu whose name was earlier struck out of the suit was not in court.
Background
Dominic Ayine, MP and a former Deputy Attorney General under the Mahama administration filed the action at the Supreme Court challenging that Mr Amidu’s age did not qualify him to be appointed as Ghana’s first Special Prosecutor.
In his application to the apex court, he 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.”
But the Attorney General’s Office responded and 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.”
The deputy AG then pushed that Mr Amidu is not “a proper party to the suit” as the action is seeking to challenge the Attorney General’s decision to nominate Mr Amidu as the Special Prosecutor, as well as his presentation by the President to Parliament for approval.
Mr. Dame also stated that the decision to appoint Mr. Amidu was taken in the course of the official duties of the President and the AG and Mr. Amidu can therefore not be a party to the suit.
He then urged the court to dismiss the suit and the court agreed with the deputy AG and subsequently struck out the name of Mr.Amidu as defendant in the suit, leaving the issue of whether Mr. Amidu can continue to be the Special Prosecutor looking at his age as being pushed by the MP.
