Parliament suspended Tuesday’s sitting for a determination to be made on an application brought before the house by embattled Member of Parliament for Bawku Central, Mahama Ayariga, on whether or not he should honour an invitation to appear in court Tuesday.
The legislator has been dragged to court by the Special Prosecutor, Martin Amidu, standing trial for alleged tax evasion and procurement of some ambulances.
However, Mr. Ayariga, in a letter dated June 2, responded to the Special Prosecutor indicating that he cannot be present in court on Tuesday since he is an MP and will be in Parliament.
When the case was called in court Tuesday morning, Ayariga was in Parliament. He moved a motion in the house describing the court order, which he claims has not yet been served him, a breach of his parliamentary immunity.
Consequently, both the minority and majority leaders asked the Speaker to make a determination on the matter. They emphasized that the speaker makes a determination that would be in the interest of rule of law yet protecting parliamentary immunity.
This compelled the house to suspend sitting waiting on the determination of the speaker.
Meanwhile, the Accra High Court sitting on the case has asked lawyers for MP to produce the legislator in court latest by 1:00pm.
The presiding judge, Justice Afia Serwaa Asare Botwe, insists that the MP must be present in court for the case to proceed because it is a criminal matter.
She thus directed “whatever happens you are coming back today, so go and agree when all of you can be present”.
Source: 3news.com
Disclaimer: Opinions expressed here are those of the writers and do not reflect those of Peacefmonline.com. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. Please report any inappropriate content to us, and we will evaluate it as a matter of priority. |
This is an issues that needs settlement immediately. It seems no organ of the state wants to tackle it head on. I appreciate the challenges as we have a hybrid system of the executive system and the parliamentary system with an interlocking separation of powers where the executive, legislature and judiciary has their own powers. The judiciary is important as it dispenses justice for every one. The legislature is where each and everyone is represented in a parliamentary democracy. The executive also play an important role. The constitution is clear on the immunity accorded to sitting parliamentarians but it also gives powers to the judiciary which we all should guard and respect. I believe the speaker and the chief justices should collaborate and find a time that Ayariga can appear in court which will be amicable for all. This is because parliamentarians can arrogate to themselves powers that will affect the country negatively and the judiciary can be used to intimidate parliamentarians if there is a decision at the supreme court that the judiciaries powers supersedes the legislature rendering constituencies unrepresented.
Oh my God!! This so-called parliamentary immunity is illogical. My question is, if a parliamentarian rapes a poor girl from my village he cannot be prosecuted on any other day apart from Friday which is not a parliamentary sitting day? Even on a Friday he will say he is on his way to his constituency and so cannot go to court. Ghanaian parliamentarians are the luckiest creatures on earth at the moment. God Bless them, but their time will surely come.