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The decision, which was expected to be delivered today, Wednesday, 29 April 2020, was rescheduled to 13 May 2020.
Opposition Member of Parliament for Bolga East, Dr Dominic Ayine, filed a suit at the Supreme Court against the nomination of Mr Amidu by President Nana Addo Dankwa Akufo-Addo as Special Prosecutor.
According to Dr Ayine, Mr Amidu does not constitutionally qualify in terms of his age since he was 66 years at the time of his appointment, which far exceeds the constitutionally mandatory retirement age of 60.
To Dr Ayine, even though a person occupying a public office could have his tenure extended until he is 65 years old, Mr Amidu as at the time of his appointment was 66 years and so cannot occupy that position.
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Dr. Ayine, who is the National Democratic Congress (NDC) MP for Bolgatanga East, is praying the Supreme Court to halt the appointment because 66-year-old Mr. Amidu is gone past the retirement age for public office holders.
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Dominic Akuritinga Ayine ( Bolgatanga East)
Dr. Ayine is seeking seven reliefs:
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);
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Galamsey Fraud: Martin Amidu complains too much – NPP Communications Director
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