The Supreme Court has dismissed an application by Dr Dominic Ayine, former Deputy Attorney-General, seeking to file a supplementary statement of case in the challenge of the eligibility of Mr Martin Amidu to hold the Office of Special Prosecutor.
The Sole Judge, Mr Justice Gabriel Pwamang, held that the application was not supported by the rules of the court and the court does not find any merit in it.
Justice Pwamang further held that Dr Ayine could only file for amendment of his statement of case.
The court, however, did not award cost against the applicant.
The former deputy Attorney-General in his opinion stated that Mr Amidu, who was 66 years old, was too old to hold public office, under which the Special Prosecutor’s position fell.
Dr Ayine held further that “any other interpretation would result in an unlawful amendment of Article 199 of the Constitution by legislation.”
He was also seeking 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 office created pursuant to Article(1)(d) is sixty years, and not beyond (65).”
According to him under the constitution, “no person above the age of 65 years is eligible for employment in any public office created under Article 190(1) (d).”
Dr Ayine was, therefore, seeking a declaration from the Supreme Court that Mr Amidu, was not eligible to be nominated as Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959).”
Dr Ayine filed an application for leave from the Supreme Court to make available some aspects of the parliamentary debate that preceded the passing of the Office of the Special Prosecutor Act, with a view of assisting the court in its determination of the case.
Martin Amidu, who was in court personally, had earlier on opposed to Dr Ayine’s claim to file a supplementary statement of case because that practice did fall under the rules of the court.
Mr Amidu told the court that Dr Ayine could not file the supplementary statement of case and ask the court to set new rules for them.
“My Lord that would amount putting the cart before the horse,” Mr Amidu added.
Mr Tony Lithur represented Dr Ayine in Court.
When the court drew Mr Lithur’s attention to the fact that their claims were alien to the court rules, he (Mr Lithur) decided to withdraw the supplementary statement of case.
The court however said Mr Lithur had already moved the application and went ahead to dismissed same.