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Martin Amidu sued; too old to occupy SP Office


This is either a calculated blow or a timeous coincident because with just a few hours to his vetting for the position of Special Prosecutor, Martin Amidu’s suitability for the job is being challenged by Member of parliament for Bolgatanga East Dr. Dominic Ayine.

The legislator’s basis is that Mr. Amidu is too old to fill the position he has been nominated for.
Mr. Amidu is 66 years old but Dr. Ayine believes the age limit for a position like that of the Special Prosecutor is 65.

The Bolga East MP’s position is contained in suit filed on his behalf by his lawyer Tony Lithur.
Dr. Ayine in the suit argues that 190(1)(d), 199(4) and 295 of the 1992 Constitution puts the retirement age at 60 with room for an extra 5 years.

According to him, a careful reading of the constitutional provisions in question means no person in public office can occupy it beyond 65 years.

The Bolga East MP also argues that the appointment of Mr. Amidu is inconsistent with Section 13 (3) of the Office of the Special Prosecutor Act, 2018 (Act 959).

Martin Amidu is scheduled to appear before Parliament’s Appointment Committee tomorrow but Dr. Ayine in suit says the nomination and consequent Parliamentary approval that may be granted to the former Attorney General would be unconstitutional, null and void.

The Bolga East MP who is also a former deputy Attorney General is pushing for any Parliamentary approval or Presidential appointment that may be granted to Mr. Amidu before the suit filed at the Supreme Court is determined.

The suit at the Supreme Court is for the chosen panel to decide “whether or not on a true and proper interpretation of Aricles 190(1)(d), 199(4) and 295 of the 1992 Constitution, 2nd Defendant (Mr. Amidu) having already attained the age of Sixty-six (66) years as at 6th September 2017, is qualified or eligible to be nominated by the Attorney General, appointed by the President and approved by parliament to serve in the public services generally, and, specifically, as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959).”


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