The Supreme Court has fixed April 29 to deliver judgement in the case in which Dr Dominic A. Ayine, Member of Parliament for Bolga East is challenging the eligibility of Mr Martin Alamisi Amidu as Special Prosecutor (SP) in respect of his age.
This was after the state led by Mr Godfred Yebua Dame, Deputy Attorney General and Mr Tony Lithur, counsel for Dr Ayine informed the court that they have filed their legal arguments and would rely on them accordingly.
Mr Lithur said “We have filed legal arguments on May 4, 2019 and we have nothing useful to add except to make some corrections of sections of the application”.
In the case of Mr Dame, he said that the state filed its legal argument on June 4, 2019 and also an amended statement of case.
The court presided over by Justice Kwesi Anin Yeboah, Chief Justice and six other panel members adjourned the matter to April 29 to deliver their judgement.
Other members on the panel were: Justices Sule Gbadegbe, Paul Baffoe-Bonnie, Marful Sau, Agnes Dodzie, Professor Ashie Kotey, and Nene Amegatcher.
The former Deputy Attorney General filed a suit at the Supreme Court challenging the eligibility of Mr Martin Amidu as the Special Prosecutor because of his age.
Dr Ayine argued that by 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 office created pursuant to Article 190 (1)(d) is sixty (60) years, anyhow not beyond sixty-five (65) years.
He further argued that by reason of Mr Amidu’s age (66 years), he was 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).
Dr Ayine was further seeking a declaration that by reason of Mr Amidu’s age (66 years), he was 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).
The Supreme Court then ordered the lawyers for the state and Dr Ayine to file their legal arguments.
