In a majority 5:2 decision, the Supreme Court ruled on Wednesday, May 13, that Martin Amidu is eligible to hold office as Special Prosecutor. The decision read by Chief Justice Anin Yeboah implies the retirement age for public officers does not apply to the office of the Special prosecutor.
The Chief Justice, Justice Anin Yeboah, Justice Paul Baffoe-Bonnie, Justice Samuel K. Marful-Sau, Justice Nene Amegatcher and Justice Professor Ashie Kotey were on the majority side whiles Justice Sule Gbadegbe and Justice Agnes Dordzie dissented.
The court did not give much reasons for its decision but said the reasons would be filed by the close of Thursday, May 14, 2020 at the court’s registry.
This ruling also implies that the position of Martin Amidu as the Special Prosecutor has been legitimized by the Supreme court of Ghana.
It would be recalled that Dr Dominic Ayine, Member of Parliament (MP) for Bolgatanga East, went to the apex court to seek a constitutional interpretation with a case that Mr Amidu was 66 when he was nominated and therefore ineligible to be the Special Prosecutor.
The legislator contended that by a true and proper interpretation of Articles 190 (1) (d), 199 (1), 199 (4) and 295 of the 1992 Constitution, the retiring age of all holders of public offices created pursuant to Article 190 (1) (d) was 60 years and not beyond 65 years.
However, the Deputy Attorney General, Mr Godfred Yeboah Dame in defense, argued that public servants compulsorily retired at the age of 60, with a further possibility of extension of their years of service under Article 199 (4), and that not all public officials were caught by the compulsory retirement age of 60.
Now with the ruling of the apex court, a finality has been brought to this particular legal battle and by close of Thursday, May 14, more clarity would come out of the reasons for the ruling.