The Supreme Court yesterday struck out Special Prosecutor, Martin Alamisi Amidu, as a defendant in a suit challenging his eligibility for the job.
The court said Mr. Amidu was not a proper party to the case.
In the view of the seven member panel of justices presided over by Justice Julius Ansah the position in question is one which falls under article 88 of the Constitution which requires the Attorney General (AG) to represent public officials sued as a result of their office.
The court also ordered the AG and lawyers for the plaintiffs the case to file a joint memorandum of issues for adjudication within 14 days.
Martin Amidu popularly called ‘Citizen Vigilante’ was appointed by President Akufo-Addo as the Special Prosecutor in fulfillment of his campaign promise in the 2016 elections.
Twenty-four hours to his vetting by Parliament, Dr Ayine sought an order of the court to have his nomination annulled.
Dominic Ayine, a former Attorney General Mr. Amidu, sued and Mr. Amidu, also a former Deputy Attorney General, arguing 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), 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).
But in a ruling yesterday, judges held that Mr. Amidu was not supposed to be joined to the suit as a defendant because by law the AG is supposed to be the defendant in cases against the government and public officers.
The court, accordingly, struck out the name of Mr Amidu as a defendant.