The Supreme Court, has asked the Attorney General’s office to within three weeks, file legal arguments justifying the appointment of Martin Amidu, as Special Prosecutor.
The Supreme Court, also gave the lawyers for the applicant, Dr. Dominic Ayine, three weeks to legally justify their case.
The case was filed at the Supreme Court by Former Deputy Attorney, General Dominic Ayine, who is challenging the eligibility of Martin Amidu to hold such a position.
Dr. Dominic Ayine, wants the appointment annulled since, Mr Amidu, has exceeded the mandatory retirement age.
The filing of legal arguments is expected to pave the way for a date to be set for judgment on the case.
The court earlier this year struck out Mr Amidu as a defendant in the case, saying he ought to be defended by the Attorney General’s department.
According to the court, Mr Amidu, was not a proper party to the case as the position in question is one which falls under Article 88 of the Constitution.
Dr. Ayine in his suit 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 argued that by reason of Mr Amidu’s age (66 years at the time of his appointment), 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).
This comes at a time the Special Prosecutor is facing accusations of non-performance leading the office to release a list of government officials and opposition figures who are under investigation.
The list of 26 cases being investigated by Special Prosecutor Martin Amidu, include individuals from the current New Patriotic Party (NPP) government and the previous National Democratic Congress (NDC).
Among the names cited are former President John Dramani Mahama, Minority Leader, Haruna Iddrisu, Member of Parliament (MP) Ketu South Constituency, Fiifi Kwetey; former Minister of Gender, Children and Social Protection, Nana Oye Lithur; former Deputy Minister of Information, Felix Kwakye Ofosu; and Bawku Central Constituency MP, Mahama Ayariga.
The others are the Chairman of the New Patriotic Party (NPP), Freddie Blay; Information Minister, Kojo Oppong Nkrumah, MP for Assin Central Kennedy Agyapong and the CEO of the Ghana Cylinder Manufacturing Company, Ms Frances Asiam.
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