Dominic Ayine drags Martin Amidu to court

A Former Deputy Attorney-General, Dr. Dominic Ayine, has filed a suit to challenge the nomination of Martin Amidu for the position of Special Prosecutor.

Dr. Ayine’s lawsuit, which has been sighted by Citi News, contends that Mr. Amidu, being 66 years of age, is too old to hold public office, under which the Special Prosecutor’s office falls.

He is seeking 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 office created pursuant to Article(1)(d) is sixty years, anyhow not beyond (65).”

He argued in his writ that, “any other interpretation would result in an unlawful amendment of Article 199 of the Constitution by legislation.”

Using the same sections of the constitution, he held that “no person above the age of 65 years is eligible for employment in any public office created under Article 190(1)(d).”

He is this seeking a declaration from the Supreme Court that Mr. Amidu, “is not qualified or eligible to be nominated as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor At, 2018 (Act 959).”

This action comes barely a day to the vetting of Mr. Amidu by the Appointments Committee of Parliament.

If Parliament is served, there will automatically be an injunction on the vetting process pending the determination of case.