The Supreme Court has dismissed a suit challenging the capacity of Martin Amidu, to occupy the position of Special Prosecutor
The decision was arrived at based on a 5 – 2 majority decision which further certifies the eligibility and position of Martin Amidu.
Although the Supreme Court did not give reasons for the decision arrived at, it indicated that the lawyers could pick it up from the court’s registry.
This ruling means that the Apex court has legitimized the position of Martin Amidu as the Special Prosecutor.
The judges who were in favour of the dismissal of the suit include, Cheif Justice Anin Yeboah, Justices Bafffoe Bonnie, Marfo Sau, Nene Amegatse and Prof Ashie Kotey.
The two judges who dissented are Justices Sulley Gbadegbe and Agnes Dodzi.
The eligibility of the Special Prosecutor came up following a suit filed by a former Deputy Attorney General, Dr Dominic Ayine who contends that Mr Amidu, being 66 years [as at the time the suit was filed in 2018], was too old to hold public office, and as such could not be the Special Prosecutor.
In his writ, Dr Ayine sought a declaration that per the interpretation of Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution of Ghana, the retirement age of all holders of public offices created under Article(1)(d), is 60 years, thus Mr Amidu did not qualify or not eligible to be nominated as the Special Prosecutor.
In effect, Dr Dominic Ayine filed the suit in February 2018, making Martin Amidu standing as a defendant in the case.