Amidu’s ‘Too Old’ Case: SC gives Ayine 7-days to file amendment

Amidu’s ‘Too Old’ Case: SC gives Ayine 7-days to file amendment

Amidu’s ‘Too Old’ Case: File your amendment within 7-days – SC to Ayine

A single Supreme Court judge has granted applicants in a suit challenging the constitutionality of the appointment of Martin Amidu as Ghana’s first Special Prosecutor by the President of the Republic, leave to amend their statement of case within the next seven (7) days.

Justice Gabriel Pwamang, on the 19th of April, 2018, dismissed an application by lawyers of former Deputy Attorney General, Dominic Ayine, seeking to add to their statement of case. Deputy Attorney General, Godfred Dame, opposed the application by suggesting that the rules of procedure require the applicants to amend their statement of case rather than seeking to add to same.

However, lawyer for the Applicant, Tony Lithur, argued that the Supreme Court has the power to accept the procedure they have adopted by way of seeking to add to their statement of case instead of amending it.

Today in court, the applicants heeded the advice of the court and moved a new motion seeking leave of the court to amend their statement of case. The presiding judge promptly granted the application and ordered that same be filed within seven days.
Background

Dr. Ayine, who is the National Democratic Congress (NDC) MP for Bolgatanga East, is praying the Supreme Court to halt the appointment because 66-year-old Mr. Amidu is gone past the retirement age for public office holders.

Dr. Ayine is seeking seven reliefs:

a) A declaration 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;

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);

c) A declaration that by reason of his age (66 years), Mr. Martin Alamisi Burns Kaiser 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);

d) A declaration that by reason of his age, (66 years), 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)

e) A declaration that by reason of his age, (66 years), Mr. Martin Amidu is not qualified or eligible to be 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)

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;

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.

Source: kasapafmonline.com

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