Martin A.B.K. Amidu
The Supreme Court has set April 29, 2020 to
deliver its judgment in the case in which a National Democratic Congress (NDC)
Member of Parliament (MP) is challenging the appointment of Martin A.B.K. Amidu
as Special Prosecutor by President Akufo-Addo.
This was after lawyers from both sides had
filed their legal arguments as directed by the court in May last year.
The case delayed because the panel hearing the
case had to be reconstituted following the retirement of one of the panel
members, Justice Sophia Adinyira, on July 31, last year.
The panel at the time had indicated that they
may not be able to see the case to its ‘logical conclusion’ before their
colleague judge proceeded on her retirement and as a result, the panel had to
be reconstituted.
Appearing before the court yesterday, Tony
Lithur, representing Dr. Dominic Ayine as the plaintiff, with Deputy Attorney-General
(A-G) Godfred Yeboah Dame representing the A-G, told the court that they had
complied with its orders and filed their legal arguments.
They both stated that they were relying entirely
on their respective legal arguments filed and did not make further oral
submissions.
Main Case
Dr. Ayine, NDC MP for Bolgatanga East and
former deputy A-G under Mr. Mahama, filed the action at the Supreme Court
challenging that Mr. Amidu’s age did not qualify him to be appointed as Ghana’s
first Special Prosecutor.
He then sought reliefs including “a declaration
that by a true and proper interpretation of Articles 190 (1) (d), 199 (1) (4)
and 295 of the 1992 Constitution, the requirement age of all holders of public
offices created pursuant to Article 190 (1) (d), is 60 years, anyhow not beyond
65 years.”
The A-G’s Office, in its response to the suit, urged
the Supreme Court to dismiss the suit, saying it was being “borne out of
narrow, inadequate and literal construction of the scope of the application of
Article 199 of the Constitution.”
The deputy A-G then pushed that Mr. Amidu is
not “a proper party to the suit” as the action is seeking to challenge the A-G’s
decision to nominate Mr. Amidu as the Special Prosecutor, as well as his
presentation by the President to Parliament for approval.
Mr. Dame also stated that the decision to
appoint Mr. Amidu was taken in the course of the official duties of the President and the A-G and Mr. Amidu can, therefore, not be a party
to the suit.
He then urged the court to dismiss the suit and the court agreed with the deputy A-G and subsequently struck out the name of Mr. Amidu as defendant in the suit, leaving the issue of whether Mr. Amidu can continue to be the Special Prosecutor looking at his age as being pushed by the NDC MP.
BY Gibril Abdul Razak
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