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).
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.
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