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Court strikes out Amidu in suit challenging his eligibility as Special Prosecutor

BY: Emmanuel Ebo Hawkson
Mr Martin Amidu leaving the Supreme Court
Mr Martin Amidu leaving the Supreme Court

The Supreme Court has struck out Special Prosecutor, Martin Alamisi Amidu, as a defendant in a suit challenging his eligibility as Special Prosecutor due to his age.

A former Deputy Attorney General, Dominic Ayine, sued the Attorney General and Mr Amidu, arguing 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 offices created pursuant to Article 190 (1)(d) is sixty (60) years, anyhow not beyond sixty-five (65) years.

He further argues that by reason of Mr Amidu’s age (66 years), he 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).

Read also: Ayine goes to court over Amidu's age as Special Prosecutor

But in a ruling on Tuesday, a seven -member panel of the court held that Mr Amidu was not supposed to be joined to the suit as a defendant because by law the AG is supposed to be the defendant in cases against the government and public officers.

The court, accordingly, struck out the name of Mr Amidu as a defendant.

The court further directed the parties to file their memorandum of agreed issues within 14 days.