Former Special Prosecutor Martin Amidu has raised significant constitutional concerns about the Security and Intelligence Agencies Bill of 2025.
He argues the proposed legislation creates an unconstitutional power grab for the National Security Coordinator.
Amidu contends this occurs outside the security architecture defined by Article 83 of the 1992 Constitution.
He highlighted that the current law, the Security and Intelligence Agencies Act 1996 (Act 526), was recently upgraded as Act 1030. Parliament achieved this through bipartisan cooperation to ensure democratic control of security services.
Amidu stated the new bill must first demonstrate compliance with Article 106(2)(a) of the Constitution. This requires an explanatory memorandum detailing the bill’s policy, existing law defects, and its necessity.
Amidu asserts the bill’s memorandum fails this constitutional test. He noted the document is dated July 3, 2025, and the bill is progressing rapidly through Parliament. The former official recalled that presidential assignment of national security responsibility to the Minister of the Interior occurred on March 7, 2025. He concluded that preparation of the new bill, approved by Cabinet and submitted by the National Security Minister, started soon after.