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General News of Monday, 12 February 2018

Source: Graphic.com.gh

State sued over nomination of Amidu as Special Prosecutor because of age

A former Deputy Attorney General Dr. Dominic Ayine has filed a suit at the Supreme Court challenging the eligibility of Mr Martin Amidu as the Special Prosecutor due to his age.

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), 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).

a) 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 offices created pursuant to Article 190 (1)(d) is sixty (60) years, anyhow not beyond sixty-five (65) years;

b) A declaration that by a true and proper interpretation of Articles 190(1)(d), 199(1), 199(4) of the 1992 Constitution, no person above the age of 65 years is eligible for employment in any public office created under Article 190(1)(d);

c) A declaration that by reason of his age (66 years), Mr. Martin Alamisi Burns Kaiser 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);

d) A declaration that by reason of his age, (66 years), Mr. Martin Alamisi Burns Kaiser Amidu is not qualified or eligible to be approved by Parliament as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959)

e) A declaration that by reason of his age, (66 years), Mr. Martin Amidu is not qualified or eligible to be appointed by His Excellency the President of the Republic as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959)

f) A declaration that any purported nomination by the Attorney General or approval by Parliament or appointment by His Excellency the President of the Republic of Martin Amidu as the Special Prosecutor under Sections 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959), is unconstitutional, and therefore, null and void;

g) In the event Martin Amidu has already been vetted and approved by Parliament and /or appointed by His Excellency the President of the Republic as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act 2018 (Act 959) prior to the final determination of this suit, an order annulling such nomination, approval and appointment.