Supreme Court dismisses Ayine’s application against Amidu

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Supreme Court dismisses Ayine’s application against Amidu

An application by Former Deputy Attorney General, Dominic Ayine seeking to file additional arguments against the eligibility of Martin Amidu as Specia

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An application by Former Deputy Attorney General, Dominic Ayine seeking to file additional arguments against the eligibility of Martin Amidu as Special Prosecutor has been dismissed by the Supreme Court.
The judge presiding over Thursday’s hearing, Justice Gabriel Pwamang said the application was not supported by the rules of the court.

Deputy Attorney General, Godfred Dame, opposed Dr. Ayine’s application by suggesting that the rules of procedure require the applicants to amend their statement of case rather than seeking to add to same.

Lawyer for the Applicant, Tony Lithur, however 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.

But the presiding judge dismissed the application, saying that the rules of procedure are clear and cannot be bent just to please the applicants.

Dr. Ayine in his suit is praying the Supreme Court to halt the appointment of 66-year-old Martin Amidu as he is grown past the retirement age for public office holders.

However, Martin Amidu, while speaking to the media after the hearing of the case Thursday, has said he is going on with his work despite the suit.

Dr Dominic Ayine is seeking these 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), 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).

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