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The Supreme Court has dismissed a writ challenging the appointment of Martin Amidu as the first Special Prosecutor.
The suit filed by Dr. Dominic Ayine, a former deputy Attorney General was arguing that Mr. Amidu could not be appointed into public office as he was 65 years old at the time of his nomination.
The Supreme Court in a 5-2 majority decision read by the CJ, Justice Kwasi Anin Yeboah, dismissed the writ and said reasons for its dismissal would be filed at the court’s registry.
Dr. Ayine, MP for Bolgatanga East and a former deputy Attorney General under John Mahama filed the action at the Supreme Court challenging that Mr. Amidu’s age did not qualify him to be appointed as Ghana’s first Special Prosecutor.
He then sought reliefs, including “a declaration that by a true and proper interpretation of Articles 190 (1) (d), 199 (1) (4) and 295 of the 1992 Constitution, the requirement age of all holders of public offices created pursuant to Article 190 (1) (d), is 60 years, anyhow not beyond 65 years.”
The Attorney General’s Office, in its response to the suit, urged the Supreme Court to dismiss the suit, saying it was being “borne out of narrow, inadequate and literal construction of the scope of the application of Article 199 of the Constitution.”
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