The Supreme Court has today 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.
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 Supreme Court has in a majority 5-2 decision ruled that Martin Amidu is eligible to hold office as Special Prosecutor.
The decision read by Chief Justice Anin Yeboah said the retirement age for public officers does not apply to the office.
This ruling means that the Apex court has legitimized the position of Martin Amidu as the Special Prosecutor.
The judges who were in favour of the dismissal of the suit include, Chief Justice Anim Yeboah, Justices Bafffoe Bonnie, Marfo Sau, Nene Amegatse and Prof Ashie Kotey.
The two judges who dissented are Justices Sulley Gbadegbe and Agnes Dodzi.
Source: Mybrytfmonline/Evans Boateng