The Supreme Court has dismissed a suit challenging the appointment of Martin ABK Amidu as Ghana’s Special Prosecutor.
The apex court has in a 5-2 majority decision affirmed Amidu’s position after he was dragged before it by MP for Bolgatanga East, Dr. Dominic Ayine, who sought to challenge his eligibility to occupy the office of the special prosecutor, having crossed the retirement age for public office holders.
Dr. Ayine, therefore, sought “a declaration that by a true and proper interpretation of Articles 190 (1) (d), 199 (1) (4) and 295 of the 1992 Constitution, the requirement age of all holders of public offices created pursuant to Article 190 (1) (d), is 60 years, anyhow not beyond 65 years,” and as such, Martin Amidu is not qualified to be appointed to his current position.
However, the highest court of the land, in a ruling read by the Chief Justice, Annin Yeboah, legitimized Mr Amidu’s position and said reasons for their verdict would be filed at the court’s registry.
Justices, Anin Yeboah, Bafffoe Bonnie, Nene Amegatse, Marfo Sau and Ashie Kotey, voted for the dismissal of the case while Agnes Dodzi and Sulley Gbadegbe dissented.