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Gov't will not hesitate to revoke Martin Amidu's appointment if...-AG

By Justice Kofi Bimpeh
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Martin Amidu & Gloria Akufo
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Attorney General Gloria Akufo says Government will not hesitate to revoke the appointment of Martin Amidu if the Supreme Court ruled that he is old to hold the position of Special Prosecutor as included in a lawsuit at the SC challenging his age to be a public office holder.

Gloria Akufo said if the Supreme Court ruled against the appointment of Martin Amidu as Special Prosecutor, Government will willingly revoke his appointment.

But she was optimistic the court will rather confirm the appointment of Ghana's first ever Special Prosecutor.

Speaking on the decision of the Speaker of Parliament Professor Aaron Mike Oquaye to continue with the debate on the report by the Appointments Committee on Martin Amidu which led to his approval, Gloria Akufo said there was no injunction on Parliament not to debate the report on Martin Amidu's vetting, therefore, the decision was right.

Halt debate on Martin Amidu's Approval

Former Deputy Attorney General, Dominic Ayine has asked the Speaker of Parliament, Prof. Mike Ocquaye to halt the parliamentary debate on the approval of Special Prosecutor nominee, Martin Amidu, due to the on-going Supreme court case against his eligibility.

In a parliamentary sitting today Monday February 20, the former deputy attorney general rose on Order 93(1) of Standing Orders pointed out that it would not be appropriate to debate Martin Amidu's approval when there is an ongoing Supreme court case leveled against the Special prosecutor nominee which the long end will prejudice the case.

However, Majority leader in Parliament, Osei Kyei Mensah Bonsu described Ayine's point of order as an incompetent application. According to the Majority leader, the evidence provided by the former deputy attorney general was not enough to prove any point.

Parliament approves Martin Amidu as Special Prosecutor

Parliament has approved Martin A.B.K Amidu as Ghana's first Special Prosecutor amidst several altercations from both sides of the house during the debate on the Appointment Committee's reports.

Speaker of Parliament, Prof. Mike Ocquaye in the course of the debate rejected a request by NDC MP for Bolgatanga East constituency, Dr. Dominic Ayine to halt the parliamentary debate on the approval of Martin Amidu as Ghana's first Special Prosecutor.

Quoting standing orders of parliament, Dr. Dominic Ayine requested that the speaker rules on whether the house can debate an issue which is being heard by the court.

"I humbly invite the speaker of Parliament, to make a determination in respect of the matter which is pending before the Supreme court on the qualification or eligibility of the nominee who is the subject matter of the report.

Ayine Sues AG and Martin Amidu

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).

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