Law Professor, Stephen Kwaku Asare, has sent a strong warning to President Nana Akufo-Addo and the Attorney-General over a suit challenging the nomination of Martin Amidu as Ghana’s first Special Prosecutor.
Professor Asare says the suit filed by former Deputy Attorney-General and MP for Bolgatanga East, Dr Dominic Ayine, asking the Supreme Court to declare the nomination of Mr Amidu, 66, as null and void could prove embarrassing to the President.
Dr Ayine holds that Mr Amidu has passed the retirement age of 65 and is, therefore, not qualified to be appointed to a public office.
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Commenting on the suit, Prof. Asare advised the A-G, Gloria Akuffo, to read the Constitution carefully and advice the President accordingly.
According to him, the President’s legal team must take a second look at Amidu’s nomination.
“President Akufo-Addo respects the law, he knows the law, and he should spend some time to read Article 191 (1) of the 1992 Constitution carefully which has clearly stated the age qualification for public servants,” Prof. Asare said.
The US-based Ghanaian law Professor was speaking Wednesday on Adom FM’s Burning Issues program hosted by Afia Pokua on the controversies surrounding Martin Amidu’s nomination and his vetting on Tuesday by Parliament’s Appointments Committee.
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“I’m surprised they’re joking with the matter currently pending at the Supreme Court…It’s a very, very serious case,” Prof. Kwaku Azar stressed.
“Is the Special Prosecutor a public officer or not?” Prof. Asare quizzed.
Commenting also on the decision by the Appointments Committee of Parliament to vet Martin Amidu despite the suit, Prof. Asare said the Committee did not breach any law, however, he avers that Parliament should have waited for a decision by the apex court before going ahead with the vetting.
“Martin Amidu should have also informed the President to instruct Parliament to hold on with his vetting to ensure the determination of the case before his vetting process,” Prof. Asare told Afia Pokua.
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Meanwhile, Parliament’s Appointments Committee is expected to submit a formal report to the plenary for consideration of the House
According to sources, Mr Amidu has been overwhelmingly endorsed for the position.
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Is the President a public officer? Are ministers of state public officers? If yes, then the choice of Mr Amidu shouldn’t be an issue considering his age. There have been several ministers in past and present governments who were above 65 years. Their ability to perform is what should be regarded and not the age of the fellow.