A former Chairman of the Electoral Commission (EC) of Ghana, Dr Afari-Gyan retired at the age of 70 years in June, 2015 because according to the constitution of the country, his position is equivalent to that of a Court of an Appeal Judge, whose retirement age is pegged at 70 years.
Surprisingly, the National Democratic Congress (NDC) and all its legal luminaries never saw the need to display their constitutional prowess through the contest of the former EC boss’ retirement age in court from June, 2005 when Dr. Gyan turned 60 years through to 2014, as they claim they are currently doing with that of Mr. Martin Alamisi Burnes Kaiser Amidu, especially when a precedence had been set by the Supreme Court (SC) in 2010 through its peg of the retirement age of a public servant at 60 years when the clarity for the age of a public servant [Auditor General (A-G)] whose position is equivalent to that of a Judge of a Court of Appeal as that of an EC Chairman, was contested in court by the Honorable P.C. Appiah-Ofori, New Patriotic Party Member of Parliament (MP) for Asikum/Odoben/Brakwa Constituency in the Central Region.
Further more, the NDC members currently involved in the suit based on the age factor of Mr. Martin Amidu with respect to the Special Prosecutor (SP) Position he has been nominated for, at the SC seeking for the annulment of the nomination of Mr. Martin Amidu or his approval in case he is approved by parliament before the SC’s verdict are Dr. Dominic Ayine and his lawyer, Mr. Tony Lithur. Dr. Dominic Ayine is a Former Deputy Attorney General under the tenure of the former President of Ghana, His Excellency John Dramani Mahama, Mr. Tony Lithur is also assumed to be a personal lawyer of H.E John Mahama, and they are both known cronies of the former President, and also hugely aligned to his camp in the NDC. So a question of most Ghanaians is; what has H.E John Mahama desperately to hide so much that, he would want to get rid of Mr. Martin Amidu at all cost?
Lastly, since this issue is a constitutional matter and its interpretation can only best be done by the Supreme Court, I will only hope that the majority on the bench will this time go in favour of what the minority[Mrs Justice Georgina Theodora Wood (Former Chief Justice), Mr Justice Julius Ansah and Mr Justice Jones Victor Dotse] in the 2010 suit concerning the age factor of the Auditor General went in for, at least for the sake of the wish of the majority of Ghanaians in and out of Ghana.
Hhhmm, may God be praised always
Nana Kwadwo Akwaa
00233246913905 / 00233209676413
Member, Critical Thinkers International