Ranking Member on the Constitutional and Legal Affairs Committee of Parliament, Alhaji Inusah Fuseini, says there is a ‘’cloud of doubt’’ hanging around the vetting of Martin Amidu, the appointee for the office of Special Prosecutor, following the suit filed at the Supreme Court challenging his age.
He told Kwame Tutu on Rainbow Radio that, the challenge raises constitutional issues regarding the age of Martin Amidu.
He said it may be a ''fruitless and useless exercise'' should Amidu be vetted and approved and the apex court rule in favour of the plaintiff.
Former Deputy Attorney General, Dr. Dominic Ayine contends that Mr. Amidu, being 66 years of age, is too old to hold public office, under which the Special Prosecutor’s position falls.
He is 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, anyhow not beyond (65).”
He argued in his writ that, “any other interpretation would result in an unlawful amendment of Article 199 of the Constitution by legislation.”
He is thus seeking a declaration from the Supreme Court that 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).”
According to him, by nominating and appointing Mr Amidu to be vetted by Parliament “both the Attorney General and the President [Nana Akufo-Addo], respectively, have violated article 199(1) of the constitution. If Parliament proceeds to approve his appointment, it would also be acting unconstitutionally.”
Alhaji Fuseini described the suit as very unfortunate and said the president should have appointed someone younger to avoid the confusion and controversy.
He added, because we want to use the office to fight corruption, it should not be fraught with controversies. Already, there are controversies surrounding the office,’’ he said.