Dr Ayine in his suit argues that Martin Amidu, being 66 years of age, is too old to hold public office, under which the Special Prosecutor’s office falls.
Dr Ayine, who is the National Democratic Congress (NDC) MP for Bolgatanga East, is praying the Supreme Court to stop the appointment because Mr Amidu is gone past the retirement age for public office holders.
They are therefore 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 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);
This action comes barely a day to the vetting of Mr Amidu by the Appointments Committee of Parliament.
If Parliament is served, there will automatically be an injunction on the vetting process pending the determination of the case.
President Nana Akufo-Addo named a former Attorney General in the National Democratic Congress [NDC] administration, Martin Amidu, as the Special Prosecutor.
In announcing the name, President Akufo-Addo said he, Mr Amidu who is popularly referred to as ‘Citizen Vigilante’ was nominated by the Attorney General Sophia Akuffo
The president made that announcement after an emergency cabinet meeting at the Flagstaff House on Thursday (January 11, 2018).
The appointment comes barely a month after the President assented to the Bill which was passed by Parliament despite a vigorous debate.
The former Attorney-General and Minister of Justice joined the NDC in 1992.
He was the party’s vice-presidential candidate in the December 2000 presidential elections which the NDC presidential candidate, the late Professor J.E.A Mills, lost to the New Patriotic Party’s (NPP’s) John Agyekum Kufuor.
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