Special Prosecutor, Martin Amidu, is convinced that Dominic Ayine, who has filed a suit at the Supreme Court challenging his appointment, is being sponsored by officials of the opposition National Democratic Congress (NDC).
Martin Amidu, who is a member of the party, said in his response to the suit brought against him that, the NDC officials are seeking to derail efforts being made to root out corruption in the country.
“To the best of my knowledge, information and belief, the Plaintiff [Dominic Ayine] brought this action in his name fronting for the immediate past Government to set at naught the popular wishes of the majority of the Ghanaian electorate who see the President’s acceptance of the nomination of the 2ndDefendant [Martin Amidu] as Special Prosecutor, as being in the national interest to attack the canker of corruption in the body politic,” Martin Amidu indicated in his affidavit verification sighted by Citi News.
“[Dominic Ayine] was also the immediate past Deputy Minister for Justice for less than four years in the immediate past Government that was overwhelmingly defeated in the last elections on 7thDecember 2016….the legal firm of Lithur Brew and Company now representing the Plaintiff [Dominic Ayine] are also the lawyers for former President, John Dramani Mahama: the immediate past Attorney General, Marrita Opong Brew-Appiah was and is a member of the law firm as well as Tony Lithur who was also appointed by the former President as Chairman of the lucrative Ghana Airport Company Limited during his tenure of office and also holds himself out as the personal lawyer of the former President,” Martin Amidu noted.
‘Amidu too old to serve’
Dr. Diminic Ayine in February 2018 filed a suit at the Supreme Court, contending that Martin Amidu, being 66 years of age, is too old to hold public office as Special Prosecutor based on Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution.
In his argument, he said the Office of the Special Prosecutor falls under the broad category of public officers who by the constitution must retire by age 60, or latest by age 65, via an extension.
But Martin Amidu, who has been vetted and approved by Parliament and also sworn-in by President Akufo-Addo, in his response to the suit said Dominic Ayine had failed to “point to a single provision in the Constitution or Act 959 that states that the Special Public Prosecutor’s office shall be a public office and shall retire at the age of 60 years as was the case in Appiah Ofori’s case.”
He explained that Section 13 of Act 959 of the Office of the Special Prosecutor Act is not amendable to the provisions of Article 199 of the 1992 Constitution, which deals with the retiring age of public servants “because the Special Prosecutor and the Deputy Special Prosecutor are not appointed under Chapter 14 of the Constitution.”
The first hearing of the case is yet to be held.
Source: citifmonline.com
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Mr Amidu appears to be fit for the job but i doubt.
Why are ndc afraid of Martin Amidu?and which judge says he/she is not happy that man has been appointed? So do you people in the ndc really have shame? You lose cases you send to court and you are judging Martin Amidu a lawyer who single handedly put ndc's financier in a hard corner. This explanation is not in paper, he was just talking to whoever interviewed him and has he told ndc fo*ls he is afraid of court?have you seen a ghost who is afraid of the cemetary,you are fo*ls and it is hard dealing with idi*ts. Your Tony Lithur and your Luminary Tsatsu Tsikata couldn't make any impact in the electoral petition which ended 5-4 but ndc think they are the best, this 5-4 was translated by Ghanaians into a gargantuan defeat of the ndc, to humiliate and disgrace the ndc but they have no shame and 2020 will be their end. Nothing will change the Ghanaian people to take ndc as a substitute, the 54% are still intact, according to them if even the government is still picking up they are comfortable with the nice breeze blowing in Ghana, the ndc hot air will never visit Ghana again.
Even if your claims are true, let the court decide the constitutionality or otherwise of your appointment. Why, you no longer believe in the court of law?
Still perception is working yeah. perception has already destroyed lots of people. when do we stop this?
HAS THE REPORTER DONE A GOOD JOB? I DO NOT THINK SO. I DO NOT BELIEVE THAT THE RESPONSE OF AMIDU CAN TURN THIS CASE IN HIS FAVOUR. EVEN GODFRED'S RESPONSE IS QUITE WEEK IN MY VIEW. AYINE HAS REFERRED TO A SUBSTANTIVE LAW THAT IS AT THE HEART OF THE APPOINTMENT OF AMIDU WHICH IS SUPPORTED BY THE CONSTITUTION. PARLIAMENT DID NOT APPOINT AMIDU SO THEIR SUI GENERIS POWERS DOES NOT APPLY HERE. THIS APPOINTMENT HAS TO BE IN ACCORDANCE OF THE LAWS THAT GUIDE THE POSITION HE WANTS TO HOLD. THIS POSITION IS THEREFORE A CIVIL SERVICE APPOINTMENT THAT IS WHY THE LAW ESTABLISHING THE OFFICE REFERRED TO THE CIVIL SERVICE APPOINTMENT PROVISIONS OR ELSE IT WOULDN'T HAVE PASSED THROUGH PARLIAMENT. FOR THE DEPUTY ATTORNEY GENERAL TO ALSO AVER THAT IT IS NOT A CIVIL SERVICE JOB BAFFLES ME. WELL LETS SEE HOW IT PLAYS OUT IN COURT. MAYBE THE REPORTER MISREPORTED.
The most use.less response to a lawsuit. Is this a defence that can stand in a fair court of law? He wants the judges to twist the law in his favor. The law is no respecter persons.