The Supreme Court of Ghana has ruled that the Special Prosecutor Martin Amidu is qualified for his position as a Special Prosecution.
According to report from Joy News, the retirement age for employees in the public service does not apply to the office of the Speacial Prosecutor according to Chief Justice Anin Yeboah.
A case was filed by the former Deputy Attorney General Dr. Dominic Ayine on grounds and interpretation from Articles 190(1)(d), 199(1) and 295 of the 1992 Constitution. Which explains the retirement age of all holders of public offices created pursuant to Article 190 (1)(d) is 60 years, and not beyond 65 years.
Dr Ayine argues that the Special Prosecutor was beyond the said age stated in Articles 199(1)(d) which states that “A public officer shall, except as otherwise provided in this Constitution, retire from the public service on attaining the age of sixty years”.
Dr Ayine therefore argued that Martin Amidu does not qualify for the said position accoding to Article 199(1).
However, Deputy Attorney General Godfred Yeboah Dame says the office is a Specialized agency and cannot be treated like other public offices.
