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I won't change Special Prosecutor Martin Amidu for political reasons - Mahama

The flagbearer of the National Democratic Congress (NDC), John Mahama, has said he will not change the Special Prosecutor, Martin Amidu for a political reason if Ghanaians give him the mandate to rule after the 2020 December elections.

John Mahama and Special Prosecutor Martin Amidu

According to him, "I think that the matter went to court and the court ruled on it – his eligibility to be the Special Prosecutor – so, the law decides his tenure and all that...We’ll see how things go."

Speaking on Accra-based Class FM, he said the NDC after winning the presidential elections will not "change him for political reasons but his contract and what the law says are what will determine whether he stays in office or not."

In May 2020, the Supreme Court declared that Martin Amidu is eligible to be the Special Prosecutor, as his appointment did not contravene the 1992 Constitution.

In a 5-2 majority decision, the court dismissed a suit claiming that Amidu was ineligible to be the Special Prosecutor because he was 66 at the time of his appointment and, therefore, his appointment was unconstitutional.

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The suit was filed by a former Deputy Attorney-General and Member of Parliament (MP) for Bolgatanga East, Dr. Dominic Akuritinga Ayine.

Per the Supreme Court's decision, the Office of the Special Prosecutor (OSP) is not caught by the retiring age of 60, as applicable in the public service.

The majority decision was by Justices Kwasi Anin Yeboah, Paul Baffoe-Bonnie, Samuel K. Marful-Sau, Nene Amegatcher, and Professor Nii Ashie Kotey, while Justices Nasiru Sule Gbadegbe and Agnes Dordzie dissented.

But Dr. Ayine said he was extremely surprised that his case was dismissed.

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