A former Deputy Attorney General, Dr. Dominic Ayine has revealed that he will not seek Judicial Review after the Supreme Court dismissed his case against the eligibility of Martin Amidu to occupy office as Special Prosecutor.
In an interview after Chief Justice Kwesi Anin Yeboah pronounced judgment against Dr. Ayine, the plaintiff said he had come to full circle even though he does not agree with the judgment.
“I don’t know why the court dismissed my case against the Special Prosecutor, but I have no interest in appealing from here. If I want to go on, then I will have to apply for Judicial Review but I am not interested in that,” Dr. Ayine said.
According to him, however, he is concerned that the judgment sets a precedent that will create an advantage for old public servants due for retirement to linger on in future, and in so doing make it impossible for younger people who want to serve in the public service to get opportunity.
“My concern is the precedent that has been set, in the future, younger people who wish to serve in the public service will have difficulties because older people already due for retirement will still be there.”
As a lawyer, Dr. Ayine is believed to have decided against judicial review because such reviews often do not end up over-turning the Supreme Court’s decision. As the apex court is hallowed, divorce from its own judgments tend to take away the perception of its sapience and so Supreme Courts scant overturn their own decisions at Judicial Reviews.
Dr. Ayine had gone to court challenging the appointment of Amidu as the first SP on grounds that at age 66, Amidu was past the statutory age for retirement for public servants.
However, the State had argued that the SPO is a specialized agency and can therefore not be treated as a regular state agency. By a 5-2 majority decision, the Supreme Court sided with the State.