Suit against Amidu: Supreme Court throws out Ayine’s new application

A Single Supreme Court Judge, Justice Gabriel Pwamang, has dismissed a new application by lawyers of former Deputy attorney general (Dominic Ayine) seeking to add to their Statement of case in the suit challenging the constitutionality of the appointment of Martin Amidu as Ghana’s first Special Prosecutor.

Deputy Attorney General, Godfred Dame, opposed the application by suggesting that the rules of procedure require the applicants to amend their statement of case rather than seeking to add to same.

Lawyer for the Applicant, Tony Lithur however, argued that the Supreme Court has the power to accept the procedure they have adopted by way of seeking to add to their Statement of case instead of amending it.

The Presiding Judge ruled that the rules of procedure are clear and they cannot be bend just to please the applicants. He subsequently dismissed the application.

The substantive case entitled “Dominic Ayine versus the Attorney General and Martin Amidu” is yet to be heard by the full bench of the Supreme Court.



Background

Dr. Ayine, who is the National Democratic Congress (NDC) MP for Bolgatanga East, is praying the Supreme Court to halt the appointment because 66-year-old Mr. Amidu is gone past the retirement age for public office holders.

Dr. Ayine is seeking seven 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.