Deputy Attorney Typical has explained the scenario of the age eligibility of Distinctive Prosecutor, Martin Amidu as a ‘constitutional fallacy’.
Godfred Yeboah Dame on Joy FM’s Newsfile on Saturday cited Post 295 adding that the business is a specialised agency and cannot be handled like other community workplaces.
For that reason, he instructed Samson Lardy Ayenini that it is not illegal for Mr Amidu, to be appointed to the office of the Unique Prosecutor even even though he is more than 60 years.
“What was submitted in court docket was thoroughly alien to the rules of Ghana and for nothing at all at all, it would have disrupted the peaceful running of general public administration.
“The scenario was a constitutional fallacy, it was a complete fallacy and a fake premise to say that the constitution prescribes a retiring age for all community officers,” he mentioned.
In February 2020, a previous Deputy Lawyer Basic, Dr. Dominic Ayine filed a go well with at the Supreme Court complicated the eligibility of Mr Amidu as the Specific Prosecutor thanks to his age.
Dr Ayine argued that by a accurate and proper interpretation of Article content 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution, the retirement age of all holders of public offices produced pursuant to Post 190 (1)(d) is 60 many years, anyhow not outside of 65 yrs.
Having said that, on May possibly 13, the Supreme Court in a the vast majority 5:2 selection dominated that Martin Amidu is qualified to keep business as Exclusive Prosecutor.
Speaking on the similar situation, a fellow at Centre for Democratic Enhancement (CDD), Prof Kwaku Asare claimed the Judiciary and Legislative arms of authorities classify the Business of the Specific Prosecutor as a community place of work.
That’s why, the law which stipulates that the retirement age for general public Officers is 60 applies to Mr Amidu.
“In circumstances the place the structure alone has built an exception, the retirement age for anybody in public office environment is 60, so we are unable to dispute it”
