Embattled Member of Parliament (MP) for Bawku Central Constituency Mahama Ayariga is challenging the qualification or otherwise of the Special Prosecutor, Martin Amidu, to bring charges against him.
According to the lawmaker, the Prosecutor is not a legitimate holder of his office.
Mr Ayariga’s lawyer, Dominic Ayine, has therefore filed a motion at the Financial and Economic Crime High Court presided over by Justice Afia Serwaa Asare Botwe, challenging the qualification of the Special Prosecutor to prefer charges against his client.
Ironically, a pending application at the apex court of the land – also filed by Dominic Ayine – has raised similar issues.
The Bolgatanga East MP was also behind the citing of Mr Amidu’s age as a factor to disqualify him to hold the position. But it was dismissed by the Supreme Court.
According to Mr Ayine’s recent affidavits in support of the motion filed on behalf of Mr Ayariga, the legal team has been advised and “verily believe same to be true that the Special Prosecutor, Martin Amidu who is above 65 years is not qualified to hold the Office of Special Public Prosecutor since the holding of that office is in contravention of Article 199(1) and (4) of the 1992 Constitution of Ghana”.
“I have been advised by Counsel and verily believe same to be true that due to the disqualification of the Special Prosecutor, Martin Amidu, under Article 199 (1) and (4) of the 1992 Constitution of Ghana, he has no capacity in law to append his signature on the charge sheet, the process originating the criminal charges against the Applicant [ Mahama Ayariga] MP.
“Count one (1), three (3), four (4) and five (5) are offences that are not within the remit or powers of the Special Prosecutor and same cannot be prosecuted by the Office.”
In court on Monday, June 10, Justice Afia Serwaa Asare Botwe ordered the parties to file their legal arguments instead of doing so orally in order to save time.
To that end, she gave all parties 72 hours to file same.
She subsequently ruled that she will deliver a ruling on the issues raised at the next sitting on Monday, June 17.
The Special Prosecutor has sued Mr Ayariga for importing three second-hand vehicles without paying the required duties at the Tema port.
By Komla Klutse|3news.com|Ghana