Audio By Carbonatix
Deputy Attorney General has described the case of the age eligibility of Special Prosecutor, Martin Amidu as a ‘constitutional fallacy’.
Godfred Yeboah Dame on Joy FM’s Newsfile on Saturday cited Article 295 adding that the office is a specialised agency and cannot be treated like other public offices.
Therefore, he told Samson Lardy Ayenini that it is not illegal for Mr Amidu, to be appointed to the office of the Special Prosecutor even though he is over 60 years.
“What was submitted in court was totally alien to the laws of Ghana and for nothing at all, it would have disrupted the peaceful running of public administration.
“The case was a constitutional fallacy, it was a complete fallacy and a false premise to say that the constitution prescribes a retiring age for all public officers,” he stated.
In February 2020, a former Deputy Attorney General, Dr. Dominic Ayine filed a suit at the Supreme Court challenging the eligibility of Mr Amidu as the Special Prosecutor due to his age.
Dr Ayine argued 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 60 years, anyhow not beyond 65 years.
However, on May 13, the Supreme Court in a majority 5:2 decision ruled that Martin Amidu is eligible to hold office as Special Prosecutor.
Speaking on the same issue, a fellow at Centre for Democratic Development (CDD), Prof Kwaku Asare said the Judiciary and Legislative arms of government classify the Office of the Special Prosecutor as a public office.
Hence, the law which stipulates that the retirement age for public Officers is 60 applies to Mr Amidu.
“In cases where the constitution itself has made an exception, the retirement age for anyone in public office is 60, so we cannot dispute it”
Latest Stories
-
Precision strikes hit terrorist targets as Nigeria, U.S. strengthen security cooperation
27 minutes -
Transport shortages hit Ashaiman during Christmas
35 minutes -
BoG says IMF praises Ghana’s macroeconomic gains, gold loss claims speculative
40 minutes -
Press Freedom questioned after High Court ruling
44 minutes -
TMPC urges caution and vigilance in use of traditional and alternative medicine
47 minutes -
Ada PWDs boycott Assembly disbursement over procurement concerns
55 minutes -
Christmas surge in ride-hailing fares hits consumers
1 hour -
Joy FM Party in the Park kicks off today at Aburi Botanical Gardens
1 hour -
How a new who declaration could change traditional medicine
2 hours -
Evidence shows Ghana needs an independent prosecutorial system – Prof H. Kwasi Prempeh
2 hours -
Selective justice is destroying trust in Ghana’s anti-corruption system – Prof H. Kwasi Prempeh
2 hours -
Politician Attorney General model is broken and no longer credible – Constitution Review Chair
3 hours -
Indonesians raise white flags as anger grows over slow flood aid
3 hours -
Why passport stamps may be a thing of the past
3 hours -
Pope Leo urges ‘courage’ to end Ukraine war in first Christmas address
4 hours
