The Supreme Court has deferred its judgment in the case challenging the eligibility of Martin Amidu as the Special Prosecutor.
Although the court constituted by seven-member justices had fixed April 28 to decide on the matter brought before it by a former Deputy Attorney General, Dominic Ayine, it has been deferred to May 13.
No reasons were given by the court.
Martin Amidu whose name has been struck out of suit, was not in court when the case was called Tuesday.
The former deputy Attorney General Mr Ayine filed the suit challenging the appointment of Martin Amidu as the Special prosecutor contending his age does not qualify him to lead the anti-graft body.
He is praying the Supreme Court to among other things a declare that by a true and proper interpretation of Articles 190 (1) (d), 199 (1) (4) and 295 of the 1992 Constitution, the requirement age of all holders of public offices created pursuant to Article 190 (1) (d), is 60 years, anyhow not beyond 65 years.”
But the AG’s Department in response argued for the case to be dismissed on grounds that it was being “borne out of narrow, inadequate and literal construction of the scope of the application of Article 199 of the Constitution.”
Deputy AG, Godfred Yeboah Dame contended that Mr Amidu is not “a proper party to the suit” because the action is seeking to challenge the Attorney General’s decision to nominate Amidu as the Special Prosecutor, as well as his presentation by the President to Parliament for approval.
The AG Department held the decision to appoint Mr Amidu was taken in the course of the official duties of the President and AG hence Amidu can therefore not be a party to the suit.
On the back of that, the court struck out the name of Mr Amidu from the suit.
By Godfred Tanam|3news.com|Ghana