Try asking the following...
AMEGATCHER, JSC:-
This writ is invoking our original jurisdiction under articles 2(1) and 130(1)(a) of the 1992 Constitution. The writ was originally issued against the Attorney-General and Martin Alamisi Burns Kaiser Amidu (hereafter referred to as Martin Amidu), the incumbent Special Prosecutor. By a ruling dated 5th February, 2019, this court struck out Martin Amidu as 2nd defendant relying on article 88(5) of the 1992 Constitution. The writ now is against the Attorney-General as the sole defendant.
FACTS:
Following the passage by Parliament of the Office of the Special Prosecutor Act, 2017, (Act 959), the Attorney-General acting in accordance with the provisions of Section 13(3) of the Act nominated for appointment by the President, Martin Amidu as the Special Prosecutor subject to the approval of Parliament. The President accepted the nomination and forwarded the name to Parliament for approval. Parliament vetted and approved the nominee, and he was sworn into office as the first substantive Special Prosecutor in February 2018. The curriculum vitae submitted by Martin Amidu to Parliament for the vetting stated his date of birth as 6th September, 1951. This implies that at the time of his nomination, vetting, approval by Parliament and swearing in by the President, Martin Amidu had attained the age of 66 years.
The plaintiff, a former Deputy Attorney-General & Minister of Justice and Member of Parliament for Bolgatanga East describing himself as a citizen of Ghana seeking the interpretation and enforcement of the Constitution issued this writ against the Attorney-General for the following reliefs:
A declaration 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 and not beyond sixty-five (65) years;
A declaration that by a true and proper interpretation of Articles 190(1)(d) and 199(4) of the 1992 Constitution, no person above the age of 65 years is eligible for employment in any public office created under Article 190(1)(d);
A declaration that by reason of his age, (66 years), Mr Martin Alamisi Burns Kaiser Amidu is not qualified or eligible to be nominated by Parliament as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2017 (Act 959);
A declaration that by reason of his age, (66 years), Mr Martin Alamisi Burns Kaiser Amidu is