Mr Martin A.B.K. Amidu - Special Prosecutor

Supreme Court to rule on Amidu's eligibility as Special Prosecutor April 29

Emmanuel Ebo Hawkson Feb - 18 - 2020 , 14:35 2 minutes read

The Supreme Court will on April 29, 2020, give judgement on the case challenging the eligibility and appointment of Mr Martin Amidu as the Special Prosecutor in relation to his age at the time of the appointment.

The court fixed the date for the judgement on Tuesday [February 18, 2020] after the plaintiff and the defence, led by the Attorney General informed the court that they have filed their legal arguments.

The plaintiff, Dr Dominic Ayine, who is a former Deputy Attorney General filed a suit at the Supreme Court challenging the eligibility of Mr Amidu.

Dr Ayine is arguing 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 offices created pursuant to Article 190 (1)(d) is sixty (60) years, anyhow not beyond sixty-five (65) years.

He further argues that by reason of Mr Amidu’s age (66 years) [as of the time of his appointment in 2018], he 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).

The Supreme Court directed the Attorney-General (A-G) and Dr Dominic Ayine, to file their respective legal arguments in May 2019.

Per the directive of the seven-member panel of the two parties then went ahead and filed their legal arguments.