18
Sat, Aug
9 New Articles

NDC FIGHTS MARTIN AMIDU IN COURT - Over Special Prosecutor job

Politics

The National Democratic Congress, fresh from a flurry of political and psychological defeats, including the endorsement of the current government’s endorsement by international development agencies as well as the ruling on Cash for Seats saga, is running to court again in frenzy, over the appointment of Martin Amidu as Special Prosecutor.

The National Democratic Congress, fresh from a flurry of political and psychological defeats, including the endorsement of the current government’s endorsement by international development agencies as well as the ruling on Cash for Seats saga, is running to court again in frenzy, over the appointment of Martin Amidu as Special Prosecutor.

 

In a suit No J1/5/2018 standing in the name  Dominic Akuritinga Ayine, filed at the Supreme Court yesterday, Mr Ayine is therefore asking the court to repudiate the decision by the President appointing Martin Amidu as Special Prosecutor and annul all processes leading to the appointment.

According to the Plaintiff, Martin Amidu is not eligible for employment in the Public Service, in accordance with Articles 190 (1) and 199 (4) of the 1992 Constitution.

The suit signed by Tony Lithur, who was attorney for former President John Mahama  during the controversial 2012 Election Petition, is seeking a declaration that, by reason of his age 66, Mr. 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.

Additionally, the plaintiff is seeking a declaration that any purported nomination by the Attorney-General or approval by Parliament or appointment by His Excellency the President of Martin Alamisi Amidu as a Special Prosecutor under Section 13 Clause (3) of the Office of the Special Prosecutor Act is unconstitutional and therefore null and void.

Martin Amidu was, for several years, a former Minister for Attorney-General and Attorney-General in the administration of former President Jerry John Rawlings, voluntarily taking up the role of good governance and anti-corruption crusader.

He is noted for raking up scams, chief of which was the infamous GHC54m Alfred Woyome Scandal.

The Attorney-General has been cited in the case as first defendant, and Martin Amidu as second defendant.

The Attorney-General is sued in two capacities a) as the person required to nominate the Special Prosecutor under Section 13 Clause (3) of Act 959 and b) in respect of the act of the President, as the representative of the Republic of Ghana. 

The second defendant, on the other hand, is cited because he is central to the background of the suit, and the reliefs sought by the plaintiff from the honorable court affect him directly.

According to the Plaintiff, both the Attorney General and the President have violated Article 199(1) of the Constitution. If Parliament proceeds to approve his appointment, it would also be acting unconstitutionally.

Mr. Amidu was named by President Akufo-Addo on January 11, 2018, after an emergency cabinet meeting at the Flagstaff House as the Special Prosecutor.

The President in announcing the name, said he received the nomination from the Attorney General Gloria Akuffo, and had accepted the nominee, whose name would be forwarded to Parliament for approval when the House reconvenes from recess.

There had been concerns that the NDC is scared that Mr. Amidu may pursue a political agenda to jail members of the party. But the party has stated on several occasions stated that it harbours no such fears.

Most members of the NDC who spoke about Mr. Amidu’s appointment, however acknowledged his competence for the office.