Special Prosecutor, Martin Amidu, says a suit challenging his appointment on grounds that he has passed the statutory age for employment is without merit.
Prior to Mr Amidu’s appointment, former Attorney General, Dr Dominic Ayine, filed a case at the Supreme Court praying the apex court to revoke the nomination on grounds that Mr Amidu’s age, 66 years, bars him from public service employment.
However, in a reply filed at the Supreme Court, Mr Amidu notes that Mr Ayine has refused to “appreciate the fact that Parliament has residual power under the 1992 Constitution to enact sui generis provisions in an Act of Parliament such as Section 13 of Act 959 to deal with matters such as the intractable canker of corruption and corruption related offences expressly proscribed by the Constitution and laws of Ghana by engaging such legal talents on such terms and conditions as would effectively achieve the objective of the Constitutional proscriptions.”
Mr Amidu also wants the Supreme Court to dismiss the Dr Ayine’s case “as being without any merit whatsoever under the 1992 Constitution”.
Meanwhile, the Attorney General’s Department, which is joined to the suit challenging Mr Amidu’s appointment, has also asked the Supreme Court to dismiss a case filed by the Bolga East Member of Parliament.
In the statement of case filed by the Attorney General’s Department, the Deputy Attorney General Godfred Dame avers the Special Prosecutor is not subject to the retiring age of the public servant and cannot, therefore, be disappointed under Article 199 of the Constitution.