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General News of Friday, 28 February 2020


Martin Amidu's age case stalling our work - Office of the Special Prosecutor

Martin Amidu, Speacial Prosecutor Martin Amidu, Speacial Prosecutor

The Office of the Special Prosecutor has revealed that the pending case involving Dominic Ayine versus the Attorney General is the reason the anti-graft body has recorded no conviction since it was established in 2018.

The former Deputy Attorney General, Dominic Ayine has filed a suit at the Supreme Court on claims Martin Amidu, 66, is beyond the statutory age of employment into public service and is seeking an order of the court to have his nomination annulled. The case is still ongoing in the apex court.

Ayine is, in essence, suing the state for Martin Amidu’s appointment and praying the court to revoke same because Mr Amidu is overaged and not fit to hold his office.

That suit, according to the Office of the Special Prosecutor is making their work stall on many fronts.

According to them, there is a stay of proceedings in the two corruption cases it has prosecuted due to the pending determination of the suit against Dominic Ayine versus the Attorney General. The OSP has been pursuing a few corruption cases in the last couple of months, but it has no acquittals and convictions since the office was established.

The two corruption cases are;

1. The Republic v (1) Mahama Ayariga (2) Kendrick Akwasi Marfo - (investigated jointly with EOCO)

2. The Republic v (1) Hajia Hawa Ninchema (2) Sumaila Ewuntomah Abudu (3) Alex Avade (4) Alhaji Abdul-Mumuni Jesewunde (5) Mary-Stella Adapesa (6) Mumuni Yakubu Nambe (7) Mahama Ayariga.

“There have been no acquittals, and convictions as the two cases listed above are pending as being prosecuted. Consequently, no value of any assets have been recovered," the Statutory Half Yearly Publication of the OSP said.

"NB/ This half-yearly report for this half-year repeats the July 31, 2019 publication because of the stay of proceedings in the case of the Republic v Hajia Hawa Ninchema & 6 Others (High Court, Accra, 31st July 2019 and the Republic v Ayariga,& Another (High Court, Accra, 23rd October 2019) ordered by the High Court (Financial Division 2), Accra, in the substantive trial of any criminal charges filed under the signature of the Special Prosecutor pending the determination by the Supreme Court of the case of Ayine v the Attorney-General which seeks declarations that the appointments of the Special Prosecutor under Section 13 and of the Deputy Special Prosecutor under section 16 respectively of Act 959 are unconstitutional, null and void".

The list was published in fulfilment of a requirement by section 3 (3) of the Office of the Special Prosecutor Act, 2017 (Act 959) as part of functions to on a half-year basis, publish a list of cases it is pursuing in at least two daily newspapers of national circulation and on its official website.