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.
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 subs…