The Supreme Court has today adjourned the case challenging Martin Amidu’s eligibility and capacity to occupy the position of Special Prosecutor to May 13, 2020.
The Supreme Court Judges did not give any reasons for adjourning the case. The Court was expected to deliver its ruling on the case on today April 29 2020 after it decided on the date back in February this year but the judges have moved the ruling to May 13.
A former Deputy Attorney General, Dr. Dominic Ayine filed the suit back in February 2018 to contend that Mr. Amidu being 66 years at the time of the suit filed was too old to occupy a public office and therefore cannot be the Special Prosecutor.
In his writ, Dr. Ayine argued that per the true interpretation of Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution, the retirement age of all public offices holders is 60 years, thus Mr. Amidu is not qualified or eligible to be the Special Prosecutor.
In the course of the suit, the Supreme Court struck out Martin Amidu, as a defendant in the case.
The court in ruling the case ruled out Mr. Amidu to be the defendant of the case in pursuant to Article 88 of the constitution.
According to the court, per the constitution, the Attorney General is required to represent public officials sued as a result of their office.
Mr. Amidu expressed his displeasure with this course of events saying he would have done a better job in defending himself in the case than the Attorney General or any other lawyer.
Appointment of Amidu as the Special Prosecutor
President Nana Akufo-Addo on Thursday, January 11 2018 nominated Mr. Martin Amidu Alamisi as the Special Prosecutor to prosecute corrupt government officials.
“I have done so because I am fully convinced that Mr. Martin Amidu, a prominent legal personality who held the high office of the Attorney General of the Republic in the government of the late President John Evans Atta Mills has the requisite integrity, competence, courage, and independence of character to discharge effectively the responsibilities of this office,” the president said when he announced Mr. Amidu as the Special prosecutor.
He was subsequently vetted and approved by parliament to officially assume office and begin work.