Special Prosecutor Martin Amidu has said he is going about his duties diligently despite a suit filed by former by former Deputy Attorney General Dr Dominic Ayine challenging his appointment.
Addressing the press after the preliminary hearing of the case on Wednesday, 19 April 2018, Mr Amidu dispelled the perception that that he does not have an office and also lacked resources.
“I am going on with my work, please. I can’t discuss official matters to the press, please,” he noted, stressing: “I’m doing my work, haven’t I come to court? I have an office please”.
The Supreme Court dismissed a supplementary statement of case filed by Dr Ayeni against Mr Amidu on grounds of procedural error.
According to sole judge Justice Gabriel Pwamang, the procedure employed by counsel for the plaintiff, Tony Lithur, is not known to the rules.
He added that once a party raises procedural concerns promptly, the onus lied on a judge to consider that appropriately.
Dr Ayine filed a suit at the apex court against the nomination of the former Attorney General by President Nana Akufo-Addo as Special Prosecutor.
According to Dr Ayine, Mr Amidu did not constitutionally qualify in terms of his age since he is 66 years now, which far exceeds the constitutional mandatory retirement age of 60.
He claimed that 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.
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