The seven-member Supreme Court presided over by the Chief Justice, Justice Anin Yeboah, has dismissed a suit challenging the capacity of the Special Prosecutor, Martin Amidu to serve in office.
The decision was a 5-2 majority decision with Justice Sully Gbadegbe and Justice Agnes Dzodze dissenting. The court deferred its reasons for their decision and indicated that the lawyers could pick up their reasons from the court’s registry tomorrow.
The decision of the Apex court of the land has legitimized the position of Martin Amidu as Special Prosecutor forthwith.
The judges who ruled dismissing the application by the former Deputy Attorney General in the Mahama administration, Dominic Aryine, are the Cheif Justice Anin Yeboah, Justices Bafffoe Bonnie, Marfo Sau, Nene Amegatse, and Professor Ashie Kotey.
The suit was filed by former Deputy Attorney General, Dr. Dominic Ayine who contends that Mr. Amidu, being 66 years, is too old to hold public office, and as such cannot be the Special Prosecutor. He was therefore seeking a declaration that, per the 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(1)(d), is 60 years, thus Mr. Amidu is not qualified or eligible to be nominated as the Special Prosecutor. Dr. Dominic Ayine filed the case in February 2019.