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The Supreme Court has decided in a 5: 2 majority that Martin Amidu is eligible to serve as Special Prosecutor. The decision read by the president of the court, Anin Yeboah, said that the retirement age of public officials does not apply to the office.
Former Deputy Attorney General Dr. Dominic Ayine, who presented the case, says that a true and adequate interpretation of articles 190 (1) (d), 199 (1) and 295 of the 1992 Constitution, the retirement age of all public office holders created pursuant to Article 190 (1) (d) is sixty (60) years, and not beyond sixty-five (65) years.
Article 190 (1) states that “Ghana Public Services shall include” (d) other public services that Parliament may prescribe by law
199 (1) establishes that “a public official shall, unless otherwise provided in this Constitution, withdraw from public service upon reaching the age of sixty”
Dr. Ayine argues that at the time that President Akufo-Addo named Martin Amidu as SP, he was not qualified because he was 66 years old. He said that this violates section 13 (3) of the Special Prosecutor’s Office Act, 2018 (Law 959).
The Attorney General’s office that has been defending the Special Prosecutor since the court fired him as a defendant says that this reading of the law is not accurate. Deputy Attorney General Godfred Yeboah Dame says the office is a specialized agency and cannot be treated like other public offices.
The case was heard by the President of the Court, Kwasi Anin-Yeboah, and Judges Baffoe Bonnie, Sule Gbadegbe, Professor Ashie Kotei, Nene Amegatcher, Agnes Dodzie and Marful Sau.
The chief justice, Kwasi Anin-Yeboah, and judges Baffoe Bonnie, Marful Sau professor Ashie Kotei and Nene Amegatcher ruled in favor of the Attorney General who dismissed the case against Mr. Amidu.
Justices Sule Gbadegbe and Agnes Dodzie ruled against the Attorney General.
Judge Anin-Yeboah says the written sentence will be available for collection on May 14, 2020.
