Ayine Faces Amidu Over Special Prosecutor Job

The Supreme Court yesterday granted an application for former Deputy Attorney-General, Dr. Dominic Ayine to amend his case in the suit challenging the capacity of Martin Amidu as Special Prosecutor.

Dr. Ayine’s lawyer, Tony Lithur had argued that Amidu has since the filing of the suit taken office, making it necessary for the case to be amended to reflect the situation.

The sole judge, Justice Gabriel Pwamang granted the request after the Deputy Attorney General Godfred Yeboah Dame agreed with Mr Lithur’s argument saying that it conforms to law.

Justice Pwamang however gave Dr Ayine’s Lawyer seven days to amend the writ with the Deputy A-G also given 14 days to respond.

The apex court at its last sitting dismissed an application for additional statement of case filed by lawyers of Dr. Ayine arguing that the process was unknown to the court.

The court had reasoned that the application was unmaritous and ought to be refused.

Mr.  Amidu who had represented himself said the plaintiff is only in his words “putting the cart before the horse.”

Dr. Ayine claims Amidu, 66, is beyond the statutory age of employment into public service and is seeking order of the court to have his nomination annulled.

In a statement of case, Ayine is praying the court to declare that “by true and proper interpretation of Articles 190(1) (d) and 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).”

Dr.  Ayine is also seeking seven reliefs from the court including “a declaration that by reason of age (66) Mr. 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).”

Article 199 of the Constitution states: “Retiring age and pension;

(1)  A public officer shall, except as otherwise provided in this Constitution, retire from the public service on attaining the age of sixty years…

(4)  Notwithstanding clause (1) of this article, a public officer who has retired from the public service after attaining the age of sixty years may, where the exigencies of the service require, be engaged for a limited period of not more than two years at a time but not exceeding five years in all and upon such other terms and conditions as the appointing authority shall determine.” [Inserted by section 6 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527).”

Ayine is seeking a declaration that any purported nomination by the Attorney General or approval by Parliament must be declared “unconstitutional, null and void.”

He argued further that by nominating Mr. Amidu, and offering him for vetting and approval by Parliament, both the President and the Attorney General “have violated Article 199(1) of the Constitution. If Parliament proceeds to approve his appointment, it would also be acting unconstitutionally.”

By: Jeffrey De-Graft Johnson