LOADING

Type to search

Ayine loses Round One …in suit against Martin Amidu

Lead Story news Other Stories

Ayine loses Round One …in suit against Martin Amidu

botchway February 6, 2019
Share

 

By Bernice Bessey                        .

Dr Dominic Ayine, a former Deputy Attorney General, has received his first ‘knockout punch’, as the Supreme Court sets Special Prosecutor, Martin Amidu free.

The seven-member bench indicated that there was no need for Mr. Amidu, who was the second defendant in the suit, to be part of the case, since the Attorney General has an oversight responsibility to represent the government and public officers.

Mr. Amidu, hence, has been excused from the case as a party, for the Attorney General and Dr Dominic Ayine to square up.

The highest court of the land further ordered the Attorney General and lawyer for Dominic Ayine, Tony Lithur, to file a joint memorandum of agreed issues within 14 days.
This is to enable them come together to look at the issues in the case between Dominic Ayine and Martin Amidu.

The justices, unhappy with how the lawyers themselves were conducting themselves before the court, vehemently lambasted them for their unpreparedness to do what is right, insisting, “You want us to do your jobs for you after charging your clients.”

Dr. Ayine, last year February, filed a suit at the Supreme Court against the appointment of Martin Amidu as Special Prosecutor, due to his age

Dominic Ayine is contending that Martin Amidu, at age 66, was too old to be given employment in the public service, therefore, prayed the court for an order to annul his appointment.

Reliefs

  1. 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), Mr. 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);
    d) A declaration that by reason of his age, (66 years), Mr. Martin Alamisi Burns Kaiser Amidu is not qualified or eligible to be approved by Parliament as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959)
    e) A declaration that by reason of his age, (66 years), Mr. Martin Amidu is not qualified or eligible to be appointed by His Excellency the President of the Republic as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959)
    f) A declaration that any purported nomination by the Attorney General or approval by Parliament or appointment by His Excellency the President of the Republic of Martin Amidu as the Special Prosecutor under Sections 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959), is unconstitutional, and therefore, null and void;
    g) In the event Martin Amidu has already been vetted and approved by Parliament and/or appointed by His Excellency the President of the Republic as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act 2018 (Act 959) prior to the final determination of this suit, an order annulling such nomination, approval and appointment.

 

Leave a Comment

Your email address will not be published. Required fields are marked *

Show Buttons
Hide Buttons