Supreme Court strikes out Amidu as defendant

The Supreme Court on Tuesday struck-out Mr Martin Alamisi Amidu as a defendant in a suit challenging his eligibility as Special Prosecutor as a result of his age.

The seven-member-panel chaired by Justice Julius Ansah agreed that Mr Amidu was wrongly joined to the action because the Attorney General is supposed to represent the government and its officials and accordingly struck him out.

The Court wanted to know why Mr Amidu was a necessary party to the action of which Mr Tony Lithur, lawyer for Dr Dominic Akuritinga Ayine who is the plaintiff, answered in the affirmative, that he was, due to the fact that the outcome of the case would directly affect him.

Mr Godfrey Yeboah Dame, the Deputy Attorney General was of a different opinion saying that Mr Amidu would not be directly affected.

He said, the materiality of the matter would not affect Mr Amidu as a party to the suit.

The Apex Court also ordered parties contesting the nomination and  the age eligibility of mr Amidu as the Special Prosecutor to file a joint memorandum of issues for the consolidation of the matters in controversy to be fully determine.

The court directed that the parties have 14 days to file their submissions.

The case was adjourned sine die to enable the parties comply.

In February 2018, Dr Ayine, a former Attorney General contested the appointment of Mr Amidu by the President based on the following issues:

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.

1. 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);
2. c) A declaration that by reason of his age of 66 years, Mr 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);
3. d) A declaration that by reason of his age, (66 years), Mr 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).
4. e) A declaration that by reason of his age, which is 66 years, Mr Amidu is not qualified or eligible to be appointed by President Akufo-Addo as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959).
5. 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;
6. 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.

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GNA