Dr Dominic Akrutinga Ayine and Martin Alamisi Burnes Kaiser Amidu
The Supreme Court has set Tuesday, February 5 for the hearing of a case involving National Democratic Congress (NDC) Member of Parliament (MP) for Bolga East Dr Dominic Akrutinga Ayine and Ghana’s Special Prosecutor Martin Alamisi Burnes Kaiser Amidu over the latter’s age, MyNewsGh.com has filed.
According to a copy of the writ of summons sighted by MyNewsGh.com, the hearing will commence at 9:30 am with the Attorney General being the second defendant.
The former Deputy Attorney General last year filed a suit at the Supreme Court challenging the eligibility of Mr Martin Amidu as the Special Prosecutor due to his age.
He argued 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.
He further argues that by reason of Mr Amidu’s age (66 years), he 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).
Below are the reliefs being sought by Dr Ayine
IN THE NAME OF THE REPUBLIC OF GHANA you are hereby commanded within fourteen days after the service on you of the statement of the Plaintiff’s case inclusive of the day of service, that you are to file or cause to be filed for you a Statement of Defendants’ case in an action at the Suit of DR. DOMINIC AKURITINGA AYINE
The nature of reliefs sought are as follows:
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).
