Minister for Parliamentary Affairs and Majority Leader, Hon. Osei Kyei Mensah Bonsu, has disclosed that the leadership of Parliament have engaged the Special Prosecutor (SP), Mr. Martin Amidu in discussions over Mahama Ayariga's suit.
He says, he was invited to Parliament to meet the leadership of the house over what the House can do about the legal action taken against the NDC MP for Bawku Central by the state.
Speaking on Okay FM's Ade Akye Abia programme, he explained that Parliament through the Special Prosecutor has received a tall list of parliamentarians, both NDC and NPP members who will be facing possible prosecution by the SP for various offences.
"So we are engaging him to see the modalities as to how they will appear before court because Parliament by the constitution has rules and regulations...you cannot just invite any of our members even on days that we are not sitting," he stated.
1pm Deadline
An Accra High Court, on Tuesady morning ruled that that Bawku Central MP, Mahama Ayariga, must show up for trial whenever he is required to do so.
Justice Afia Serwah Asare-Botwe rejected a certificate issued by the Speaker of Parliament, Prof. Mike Oquaye, informing the court that the MP had work to do in Parliament.
There are two cases against the MP filed at the court relating to the procurement of ambulances for his constituents and tax evasion.
Mr Ayariga had earlier written to the Special Prosecutor saying he will be unable to show up in court due to parliamentary proceedings.
His lawyer, Godwin Tamakloe on Tuesday, told the court that Mr Ayariga is unavailable.
But Justice Botwe insisted that the case could not progress without the MP, and handed the lawyers up until 1pm to ensure he is present.
Judge Explains Why
According to the High Court Judge, Hon Ayariga is obliged by law to stand trial in a criminal case filed against him by the Special Prosecutor. Justice Afia Serwah Asare-Botwe, pointed out that per Article 118 of the 1992 Constitution, MPs have immunity not to attend court in the course of their duty only when they have been invited to testify in court as witnesses.
According to her, since Ayariga is an accused person and not a witness, he is not immune to stand trial.
Minority Vows To Challenge Court's Decision
In a related development, the NDC Minority in Parliament has indicated its resolve to challenge the ruling of the Accra High Court.
Minority leader, Haruna Iddrisu who together with a host of Parliamentarians from the NDC followed Ayariga to court in solidarity, said the party would soon be heading to the Supreme Court for an interpretation.
According to him, the judge failed to take into consideration the whole provisions of the constitution that dealt with the legislature.
Ayariga Not Charged Yet
Meanwhile, the case has been adjourned to June 10, for Ayariga’s lawyers to move an application challenging the appropriateness of the charges levelled against him.
Ayariga has not been formally charged in the courtroom.
He will be formally charged after the court had ruled on his lawyers' application challenging the charges.
Source: Isaac Kwame Owusu/Peacefmonline.com/[email protected]
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. |
We keep saying no one is above the law but it look as if the MP's are diffenrent in our legal system. The Judiciary must and must sit up to interprete what the MP's from days old have approved and accented by the presidents. There are lots of cases where former MP's faced the law squarely. what is different about Ayariga. This same Ayariga mishaved in Parliament and nothing serious was done to him. Are the arms of government afraid of Ayariga or what? What type of ***barred word*** kindgom is this/ Mr. speaker please try not to defend such issues. As the head of law making please allow the system to work. It is only when the laws you have made become operational then some of us will believe we have the law making body. Let everyone called by the special prosecutor, whether MP, school teacher who gave us the knowledge, Immam, Reverends, Kayeyie or whatever face the law. Lets not provoke the populace. If such decisions keep on emerging, the picture of Egypt and Sudan in such defenses can be visited. Ghana must move on. so leaders of governance, please note that the populace are not happy about how topical issues are handled. Be up to free the ordinary peoples mind. We should all be treated fairly and firmly.
Please may I know if Mr Ayaraga going to attend court precedence throughout the week or just on court day what about if Ayaraga dies today would parliamentary hold on for life? Please nobody is above the law All Ghanaians have something doing to support the economic so please go and defend your self and stop this intellectual disability.
it looks like those commenting on this issue are confused..ayariga did not say he doesn't want to appear in court. he only plead with martin to schedule the appearance on mondays when parliament is not in section for the case..what is so difficult about this. He being prosecuted doesn't mean that he should perform his duties as a parliamentary. mind you, he is innocent until proven otherwise.
Invitation for what? are we under rule of law or rule of men? These attitudes must change if we indeed want to develop our country. An MP should be treated same way as an ordinary citizen who gets caught up with the law
Was Adamu Sakande not a Member of Parliament? Was he prosecuted in Court on a criminal charge? Where was Haruna Iddrisu and Mahama Ayariga? Didn't they know that Adamu Sakande was a sitting MP? Did they petition the Supreme Court? What has changed now. Has there been any amendments to our Laws, has the Constitution been given a facelift? Parliament should not be seen to be interfering with the work of the Judiciary. Let the Laws of the Land work. The 'Parliamentary Vigilantism' must be stopped now.
In Ghana, everyone is above the law: MPs, politicians, judges, pastors, imams, chiefs, journalists, etc. If no one want to obey the laws, pls cancel all laws and enjoy a lawless society.
The global world is closely watching with the application of the rule of Law in Ghana. No one is above the law and parlamantarians must respect the laws of the land. In Germany the Manager of the Football Team was jailed for tax evations. He went to Prison for some time and he is now back to continue his Job as Manager for the footballl Team. So what is wrong with the court System and the application of the rule of law in Ghana.??? Foreign Investors and Ghanaians in general have lost confidence in the judicial System and its applications in Ghana.Its now time for the Ruling Goverment to demonstrate to the global community of its Determination of Fighting corruption and persecuting courrupt official.
U ARE ALL THE SAME NDC AND NPP I WILL STOP WASTING MY TIME TO VOTE ALL U DO IS PROTECT EACH OTHER U SCRATCH MY BACK I SCRATCH UR BACK UP TILL NOW THE DOUBLE SALARY SAGA IS STILL IN LIMBO NOTHING WILL CHANGE IN GH IN TERMS OF FIGHTING CORRUPTION BECAUSE THE LAW MAKERS THEMSELVES ARE INTERPRETING THE LAW TO COVER AND PROTECT THEMSELVES WHEN THEY STEAL FROM US I AM SO SAD AND ANGRY
Uncle Kyei with all due respect, never interfere this criminals charges. MTTD stopped me while passengers on board. they charged me that my insurance has expired. they ordered passengers to another car and marched me to Sekondi Regional headquarters. So why should parliamentarian should be exempted from your own laws with excuse that he is parliamentarian. Uncle you are defending because NPP gurus among the sp list for various offences. Please allow the law to work and stop unnecessary invitation. Thank you
Are the MPs above the law? This is the reason some persons will sell their souls to be in the Parliament and do evil to our nation. Too bad to hear some Ghanaian are above the law via position.