A request by former Deputy Attorney General Dominic Ayine to amend his case challenging the appointment of Martin Amidu as Special Prosecutor has been granted by the Supreme Court.
The court at the last hearing turned down a request by Mr Ayine to file additional arguments in support of the case following opposition from the Special Prosecutor and Deputy Attorney General Godfred Yeboah Dame.
Lawyer for the former AG Tony Lithur told the presiding Judge, Justice Gabriel Pwamang that Mr Amidu has since the filing of the suit started work, making it necessary for the case to be amended to reflect the situation.
The AG and Matin Amidu, however, did not oppose this application saying it conforms to the law while the previous one did not.
Dr Dominic Ayine is in court challenging the eligibility of Mr Amidu, to be appointed as special prosecutor. In his suit, the former deputy AG argues, the special prosecutor has crossed the mandatory age limit required to hold the office.
Dr. Ayine is seeking 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 office created pursuant to Article(1)(d) is sixty years, anyhow not beyond (65).”
Using the same sections of the constitution, he held that “no person above the age of 65 years is eligible for employment in any public office created under Article 190(1)(d).”
Dr Ayine is thus seeking a declaration from the Supreme Court that 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).”