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An argument ensued between a defence counsel and Principal State Attorney when the case of Stephen Asamoah Boateng, former Minister of Information and National Orientation and others was called at a High Court in Accra on Wednesday. Mr Augustine Obuor, defence counsel was in court to move a motion challenging the capacity of Mr Anthony Gyambiby, a Chief State Attorney who was then prosecuting the case. Moving the motion, Mr Obuor contended that there was no Attorney-General as at January 20, 2012 and for that matter Mr Rexford Wiredu, a Principal State Attorney, who has now taken over the case, was to have deposed and swear to the motion filed. He said the Attorney General was Mr Martin A.B.K.Amidu and on January 20, had his appointment terminated and therefore could not have given him that authority. �The source of your authority to enable you swear to the affidavit in oppostion does not exist,� he stressed. Mr Obuor said if Mr Wiredu had gone by the phrase �Acting Attorney-General,� then he would have accepted that because at that time, Mr Benjamin Kunbuor had been appointed as Acting A-G. He therefore, prayed the court to order Mr Wiredu to withdraw the documents filed and do the right thing. Mr Wiredu swiftly intervened, saying Mr Amidu was not dismissed as at when he swore to the affidavit in opposition. According to him, he filed the affidavit at 12:20pm on January 20, 2012 and at about 4:00pm Mr Amidu received his dismissal letter. �I was shown the letter of dismissal on January 20, 2012 evening and at that time had filed the documents already.� The court presided over by Mr Justice Charles Quist overruled Mr Obour�s arguments, saying the stamp on the face of the motion paper filed by Mr Wiredu was recorded as 12:20pm and that the affidavit sworn by Mr Wiredu was proper. Meanwhile the court said Mr Amidu on January 9, this year, had written to the court authorising Mr Gyambiby to continue with prosecution. It therefore, adjourned the matter to February 14, to enable Mr Wiredu attach Mr Amidu�s letter indicating that Mr Gyambiby should continue to prosecute the matter to Mr Wiredu�s motion. Mr Obuor is seeking a declaration that Mr Gyambiby did not have the capacity to appear before the court as a Chief State Attorney to prosecute after attaining 60 years without appropriate authorisation. He contended that Mr Gyambiby in 2007 attained the age of 60 and therefore retired from public service. Mr Justice Quist adjourned the matter to January 24. In an affidavit in support of the motion sworn by Mr D.A.Y. Sampong, the fifth accused person in the case, said Mr Gyambiby was born on November 28, 1947 in Ghana. Mr Sampong said the prosecutor was 64 years old and that in 2007, Mr Gyambiby attained the age of 60 and therefore retired from public service. He stated that Mr Gyambiby could be engaged on contract basis by the Ministry of Justice and Attorney General's Department through the Public Service Commission as a Consultant or contractor based on contract but not as a Chief State Attorney. Mr Sampong said Mr Gyambiby ought to have indicated to the court that he was on contract and ought to have shown the court the contract from the Public Service Commission before prosecuting the matter. He said Mr Gyambiby ought to show the court his four years contract documents to indicate his capacity to appear before the court and prosecute since he had attained 60. The fifth accused person said Mr Gyambiby could only be appointed as a consultant in the office and not as a private prosecutor. Stephen Asamoah-Boateng and others are being held over renovations undertaken at the Ministry. Asamoah-Boateng his wife, Zulieka Jennifer Lorwia and six other public officers have been charged with conspiracy to defraud the State. Also in court is a non-legal entity firm, Supreme Procurement Agencies Limited. The accused persons are alleged to have conspired to defraud the State of GHc86,915.85 in renovation works undertaken at the Ministerial Block of the Ministry during Asamoah-Boateng�s tenure of office. Other accused persons are Frank Agyekum, Former Deputy Minister of Information and National Orientation, Dominic A. Sampong, Former Acting Chief Director, Ministry of Information and National Orientation, Kwabena Denkyira, Former Director of Finance and Administration of the Ministry, Prosper Arku of the non-legal entity firm, and Yasmine Domua, a businesswoman. They have all pleaded not guilty and admitted to GHc10,000 bail each with a surety.