A Seven Member Panel of the Supreme Court Presided over by Chief Justice Anin Yeboah has deferred judgement in the case of Dr. Dominic Ayine versus the Attorney General to the 13th of next month.
Dr Ayine filed the suit to challenge Martin Amidu’s age as Special Prosecutor. The case was earlier adjourned to today for judgement.
GBC’s court correspondent Yvonne Asare Offei who was in court reports that Mr Amidu whose name was earlier struck out of the suit was not in court.
The MP and a former deputy Attorney General under President Mahama, Dominic Ayine’s application to the apex court, sought reliefs, among other things a declaration that by a true and proper interpretation of Articles 190 (1) (d), 199 (1) (4) and 295 of the 1992 Constitution, the required age of all holders of public offices created pursuant to Article 190 (1) (d), is 60 years, and not beyond 65 years.
A Deputy Attorney General Godfred Yeboah Dame said that Mr. Amidu is not a proper party to the suit as the action is seeking to challenge the Attorney General’s decision to nominate Mr. Amidu as the Special Prosecutor, as well as his presentation by the President to Parliament for approval.
Mr. Dame also stated that the decision to appoint Mr. Amidu was taken in the course of the official duties of the President and AG and Mr. Amidu can therefore not be a party to the suit. He then urged the court to dismiss the suit.
The court subsequently struck out the name of Mr. Amidu as defendant in the suit, leaving the issue of whether Mr. Amidu can continue to be the Special Prosecutor looking at his age as being pushed by the MP.