The Special Prosecutor nominee, Martin Amidu, will today, Tuesday, 13 February 2018, be vetted by Parliament’s Appointment Committee.
Mr Amidu was recommended for nomination by Attorney General Gloria Akuffo and President Akufo-Addo accepted his nomination and named him as the First ever Special Prosecutor.
Mr Amidu will carry out the extraordinary responsibility of independently fighting corruption.
He will have the full authority to initiate investigations into all suspected corruption-related offences of all persons in public service if approved by parliament.
Meanwhile, opposition Member of Parliament for Bolga East, Dr Dominic Ayine has filed a suit at the Supreme Court against Mr Amidu’s nomination.
Added to the suit is Ms Akuffo.
The suit was filed by Dr Ayine through his lawyer Tony Lithur.
According to Dr Ayine, Mr Amidu does not constitutionally qualify in terms of his age since he is 66 years now, which far exceeds the constitutionally mandatory retirement age of 60.
According to Dr Ayine, even though a person occupying a public office could have his tenure extended until he is 65 years old, Mr Amidu is currently 66 years, and, so, cannot occupy that position.
Dr Ayine is seeking the following reliefs:
a) A declaration that by a 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 offices created pursuant to Article 190 (1)(d) is sixty (60) years, anyhow not beyond sixty-five (65) years;
b) A declaration that by a true and proper interpretation of Articles 190(1)(d), 199(1), 199(4) of the 1992 Constitution, no person above the age of 65 years is eligible for employment in any public office created under Article 190(1)(d);
c) A declaration that by reason of his age (66 years), Mr. Martin Alamisi Burns Kaiser Amidu is 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);
d) A declaration that by reason of his age, (66 years), Mr. Martin Alamisi Burns Kaiser Amidu is not qualified or eligible to be approved by Parliament as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959)
e) A declaration that by reason of his age, (66 years), Mr. Martin Amidu is not qualified or eligible to be appointed by His Excellency the President of the Republic as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959)
f) A declaration that any purported nomination by the Attorney General or approval by Parliament or appointment by His Excellency the President of the Republic of Martin Amidu as the Special Prosecutor under Sections 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959), is unconstitutional, and therefore, null and void;
g) In the event Martin Amidu has already been vetted and approved by Parliament and /or appointed by His Excellency the President of the Republic as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act 2018 (Act 959) prior to the final determination of this suit, an order annulling such nomination, approval and appointment.
