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”