NDC MP Dr Dominic Ayine has sued the State challenging the eligibility of Martin Amidu as the Special Prosecutor nominee due to his age.
Martin Amidu, who is the second defendant, is expected to be vetted Tuesday, February 13, 2018, by Parliament.
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 Amidu is gone past the retirement age for public office holders.
Dr Dominic 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), 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), 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), Â 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.
President Akufo-Addo on January 11, 2018, nominated former Attorney General Martin Alamisi Amidu as the Special Prosecutor of the Republic of Ghana.
In a short announcement at the Flagstaff House on Thursday, the President said "the Attorney General by a letter Thursday 11th January 2018, addressed to me, exercised the power of nomination and submitted to me for my acceptance the name of the proposed special prosecutor, I have accepted the Attorney General's nomination and will, in turn, submit for parliament's approval when it reconvenes on the 23rd of January 2018...the name of Martin Alamisi Keiser Amidu to be the first Special Prosecutor"
Meanwhile special prosecutor nominee Martin Amidu after his appointment resigned from the NDC as a member.
According to report, Martin Amidu, a founding member of the main opposition NDC, handed in his resignation from the political party in preparation for his official assumption of the position of Special Prosecutor.
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primenewsghana.com/Ghana News