GHANA: SUPREME COURT JUDGMENT IN AMIDU CASE- I SHALL BE BACK, DR AYINE ASSURES JUDGES

Source: Dr. Dominic Akuritinga Ayine

Dr. Dominic Akuritinga Ayine, a former Deputy Attorney General and Deputy Minister for Justice, has sworn to write an extensive analysis on the Supreme Court’s 5-2 decision on the eligibility of the Special Prosecutor, Martin Alamisi Burnes Kaiser Amidu, to occupy his office beyond the retirement age.

Dr. Ayine made this assurance on his facebook page where he indicates that “I will be writing a more extensive analysis of the extremely disappointing judgment of the Court in a later installment on this page.”

The Supreme Court on Wednesday, May 13, 2020, declared that Mr. Martin A.B.K Amidu is eligible to be the Special Prosecutor, as his appointment did not contravene the 1992 Constitution.

Dr. Martin Amidu

In a 5-2 majority decision, the court presided over by the Chief Justice, Justice Kwasi Anin Yeboah, dismissed a suit claiming that Mr. Amidu was ineligible to be the Special Prosecutor because he was 66 at the time of his appointment and, therefore, his appointment was unconstitutional.

The court did not give its reasons for dismissing the suit but said the reasons would be filed at the court’s registry.

But according to Dr. Dominic Ayine Akuritinga, the observation made by the Panel of Judges with regards to the case  i.e to the classes of employees in the public services, is secondary and redundant in determining the issue.

“I must say with all due respect to their Lordships that, the dicta of Amua-Sekyi in relation to the classes of employees in the public services, were at best obita dicta as they had no direct bearing on the issue that was before the Court in that case.

The issue was whether Police officers who attained the retiring age of 55 two weeks upon the coming into force of the Constitution in 1992, were entitled to the enhanced retirement age of 60 under article 199 clause 1 of the Constitution or should be made to retire at age 55 under the then Police Service Act, 1970 (Act 350). The Supreme Court upheld their case for an enhanced retirement age of 60 years and declared the provision of the Police Service Act, 1970 (Act 350) null and void and of no effect as it contravened article 199(1) of the Constitution, 1992.” He posted.

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