Accra: Former Special Prosecutor Martin Amidu has launched a critique against Professor Henry Kwasi Prempeh, the Executive Director of the Ghana Centre for Democratic Development (CDD-Ghana), amidst the ongoing debate over the powers of the Office of the Special Prosecutor (OSP).
According to Ghana Web, Martin Amidu responded to Professor Prempeh's remarks following a Supreme Court ruling that the OSP could not join a lawsuit filed against it, as the Office of the Attorney-General was already defending it. Amidu argued that Prempeh, who had previously chaired the Constitution Review Committee under President John Dramani Mahama, should possess a more profound understanding of the legal intricacies involved, particularly considering his involvement in drafting the law that established the OSP.
Amidu emphasized that the Supreme Court's decision, which was based on Article 88(5) of the 1992 Constitution, was in accordance with the law. This article stipulates that all civil proceedings against the State should be directed against the Attorney-General as the defendant. The former Special Prosecutor affirmed that the ruling was appropriate and highlighted that the Attorney-General is the only authorized representative for a state agency in legal proceedings.
Furthermore, Amidu questioned Professor Prempeh's legal qualifications, asserting that he is not qualified to practice law in Ghana. Amidu suggested that disagreements with legal processes should be addressed through proper legal channels, urging those in disagreement to apply to the Supreme Court as interested parties to submit constitutional arguments.
In contrast, Professor Prempeh expressed his concerns over the Supreme Court's handling of the case. He criticized the court's decision to allow the Attorney-General, rather than the OSP, to defend the lawsuit, arguing that the Attorney-General's position aligns with the plaintiff's interests. Prempeh called for the OSP to be given the opportunity to defend itself, questioning the integrity of the adversarial system of justice in Ghana.