The Supreme Court has dismissed an application by former Deputy Attorney General, Dominic Ayine, seeking to file additional arguments to the case in which he is challenging the eligibility of Martin Amidu, for the position of Special Prosecutor.
According to the judge, Justice Gabriel Pwamang, the application was not supported by the rules of the court.
Dr. Ayine in his lawsuit contends that Mr. Amidu, at 66 years of age, is too old to hold the public office, under which the Special Prosecutor’s position falls.
He argued in his writ that, “any other interpretation would result in an unlawful amendment of Article 199 of the Constitution by legislation.”
But the Special Prosecutor, Martin Amidu, while speaking to the media after hearing of the case today [Thursday], said he is going on with his work despite the suit.
Dr. Ayine is seeking a declaration 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 office created pursuant to Article(1)(d) is sixty years, anyhow not beyond (65).”
Using the same sections of the constitution, he held that “no person above the age of 65 years is eligible for employment in any public office created under Article 190(1)(d).”
Dr. Ayine is thus 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).”
Amidu objects to Ayine’s application
Martin Amidu had earlier opposed a claim by the Bolga East MP, Dr. Ayine, to file a supplementary statement to the original case challenging his eligibility to occupy the office.
In a fresh application to the Supreme Court dated March 23, 2018, Dr. Ayine requested to make available some aspects of the parliamentary debate that preceded the passing of the Office of the Special Prosecutor Act, with a view of assisting the court in its determination of the case.
But in response to the application, Martin Amidu argued that the rules of procedure at the Supreme Court do not allow Dr. Ayine and his lawyers to file such a claim.
In response to Dr. Ayine’s move, Martin Amidu said the fresh application was in bad faith.
By: Fred Djabanor/citinewsroom.com/Ghana